McClain v. Commonwealth

Opinion of the Court by

Sims, Commissioner

Affirming.

The appellant, William McClain, a negro, was convicted by a jury in the Whitley Circuit Court of tbe crime of malicious shooting and wounding with intent to kill. His punishment was fixed at five years’ confinement in the penitentiary and he seeks to reverse the judgment entered on the verdict because: (1) There is a variance between the accusatory and descriptive parts of the indictment; (2) incompetent evidence was admitted against him; (3) the instructions were erroneous.

The accusatory part of the indictment charged defendant with the…