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SMIDDY v. COMMONWEALTH

226 S.W.2d 22 (1950)

311 Ky. 850

SMIDDY v. COMMONWEALTH.

Court of Appeals of Kentucky.

January 13, 1950.

Attorney(s) appearing for the Case

R. L. Brown, Williamsburg, Joe S. Feather, Williamsburg, for appellant.

A. E. Funk, Atty. Gen., Armand Angelucci, Frankfort, for appellee.

STANLEY, Commissioner.

The appellant, Robert Smiddy, was convicted of the crime of willfully and maliciously shooting into a dwelling house or "building where people live", and sentenced to imprisonment in the penitentiary for two years. KRS 435.170. He seeks a reversal of the judgment upon the ground that the court should have given an instruction on the misdemeanor of discharging a deadly weapon on a public highway. KRS 435.200. The claim rests on the propositions...

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