THOMAS v. COMMONWEALTH


252 S.W.2d 683 (1952)

THOMAS v. COMMONWEALTH.

Court of Appeals of Kentucky.

November 7, 1952.


Attorney(s) appearing for the Case

Shumate & Shumate and H. M. Shumate, Irvine, for appellant.

J. D. Buckman, Jr., Atty. Gen., Zeb A. Stewart, Asst. Atty. Gen., for appellee.


CAMMACK, Chief Justice.

Clay Thomas is appealing from a judgment sentencing him to five years in prison on a charge of malicious shooting and wounding of Martin Little with intent to kill. He contends the court erred in the admission of certain evidence and in instructing the jury. We think both contentions are well grounded.

The shooting took place at Thomas' home. Prior to the time of the shooting Thomas and Little had been riding with Julius Fox in the...

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