Johnson v. Commonwealth

Opinion op the Court by

Judge Latimer

Reversing.

Paul Johnson, Roscoe Johnson, and Siddie Johnson were jointly indicted for malicious shooting at Z. T. Hurst with intent to kill. It was ascertained that Siddie Johnson was not involved, so only Paul Johnson and Roscoe Johnson were tried. The jury returned a verdict of acquittal for Roscoe and found Paul guilty and fixed his punishment at 2 years in the Penitentiary. He appeals urging two principal grounds for reversal, namely: (1) Error in instructions, and (2) that the verdict is flagrantly against the evidence.

On the day of the shooting,…