Binion v. Commonwealth

Opinion of the 'Court by

Judge Sampson

Affirming.

Appellant, Binion, shut and wounded Levi Gearhart, in Grayson county in 1923. He was indicted under section 1166, Kentucky Statutes, for the crime of maliciously shooting and wounding another with intention tó kill, and a trial resulted in his conviction, his punishment being fixed at two years in the state penitentiary. To reverse that judgment he prosecutes this appeal. He relies upon two alleged errors (a) refusal of the trial court to admit competent evidence in appellant’s behalf, and (b) improper argument and misconduct of the attorney for…