Bradley v. Commonwealth

Opinion op the Court by

Morris, Commissioner—

Affirming.

At the January, 1936 term of the Floyd circuit court, the grand jury returned a true bill accusing appellant and his two brothers Sol and Woodrow Bradley, of willfully and feloniously shooting and wounding Ben Whittaker, with intention to kill, but so that he did not die thereby.

When the case was called the court sustained a motion for a severance, and the commonwealth elected to try appellant; the trial resulting in a verdict of guilty, fixing the penalty at two years’ confinement in the penitentiary. Motion for a new trial was overruled,…