Binion v. Commonwealth

Opinion op the Court by

Judge Thomas

Reversing.

Upon bis trial in the Carter circuit court under an indictment charging him with shooting and wounding Levi Géarheart intending to kill him, but from which he did not die, the appellant, Binion, was convicted of the lower degree of that offense, that of shooting and wounding under sudden heat and passion and was fined $500.00 .and six months’ imprisonment in the county jail.

On this appeal from the judgment his counsel complain of-a number of sujjposed errors, but none of which we deem of sufficient materiality to deserve consideration except, the…