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TIPTON v. COMMONWEALTH

250 S.W.2d 1015 (1952)

TIPTON v. COMMONWEALTH.

Court of Appeals of Kentucky.

Rehearing Denied September 26, 1952.

Attorney(s) appearing for the Case

Shumate & Shumate, Irvine, for appellant.

A. E. Funk, Atty. Gen., John B. Browning, Asst. Atty. Gen., for appellee.

CAMMACK, Chief Justice.

Berry Tipton was sentenced to five years in prison on a charge of maliciously shooting and wounding Ralph Lunsford. He asks that the judgment be reversed because (1) he was entitled to a directed verdict at the conclusion of the Commonwealth's evidence; (2) the verdict is flagrantly against the evidence; (3) an instruction should have been given on shooting and wounding another in sudden heat and passion, KRS 435.180; and (4) an instruction...

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