CLARK v. COMMONWEALTH


243 S.W.2d 52 (1951)

CLARK v. COMMONWEALTH.

Court of Appeals of Kentucky.

October 26, 1951.


Attorney(s) appearing for the Case

Hiram H. Owens, Barbourville, for appellant.

A. E. Funk, Atty. Gen., Zeb A. Stewart, Asst. Atty. Gen., for appellee.


LATIMER, Justice.

Appellant was indicted and tried for the murder of William Bryson. He was convicted for malicious shooting and wounding with intent to kill and given a sentence of two years. The Commonwealth failed to prove the death of Bryson. The chief question presented here is whether or not the offense of malicious shooting and wounding with intent to kill is an offense so separate and distinct that a conviction therefor cannot be upheld under an indictment...

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