Harris v. Commonwealth

J. C. Harris obtained this writ of error to a judgment sentencing him to the penitentiary for three years for maliciously shooting McCue Quick.

The only assignment of error relied on is the action of the trial court in granting instructions Nos. 1 and 2 offered by the Commonwealth, and in refusing to give *690instructions “A,” “B” and “C” requested by the accused. The following are all the instructions given:

“1. The court instructs the jury that on a charge of a malicious shooting malice is presumed from the fact' of shooting with a deadly weapon, and when the shooting is proved, and is…