Johnson v. Commonwealth

Van Sant, Commissioner

Reversing.

Under an indictment charging him with the crime of willfully and maliciously shooting at another without wounding him, appellant was found guilty and his punishment fixed at confinement in the State Reformatory for a term of two years. He suggests reversal on the following grounds: (1) the court omitted the word “maliciously” in the first instruction; and, (2) the court failed to give an instruction on the reckless use of firearms which it is contended is a degree of the offense of which appellant was convicted and which'is denounced by KRS 435.170 (1).

With…