Davidson v. Commonwealth

Opinion op the Court by

Drury, Commissioner

Affirming.

Just before sunset Sunday, April 23, 1933, and at a short distance west of Linnville on the state road, appellant shot, but did not kill, Raymond McClain. For this Homer Davidson, his uncle, Curtis Lee Davidson, and _ his nephew, Cornell Wilson, were indicted under section 1166, Ky. Stats., and upon his separate trial Homer Davidson was found guilty, his punishment fixed at two years in the penitentiary, and he has appealed.

The Undisputed Facts.

Raymond McClain, Seaton Frank Webb, and John (Summers had been to Linnville for the purpose of-…