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SMALL v. COMMONWEALTH

257 S.W.2d 906 (1953)

SMALL v. COMMONWEALTH.

Court of Appeals of Kentucky.

May 8, 1953.

Attorney(s) appearing for the Case

David C. Brodie and John B. Anderson, Owensboro, for appellant.

J. D. Buckman, Jr., Atty. Gen., and H. D. Reed, Jr., Asst. Atty. Gen., for appellee.

STANLEY, Commissioner.

Arthur L. Small was convicted of the offense of shooting and wounding in sudden affray or heat of passion and fined $500. KRS 435.180. His motion for an appeal is sustained and the judgment is reversed on the ground of error in failing to give certain instructions.

Small is the proprietor of a night club, called the Trianon Club, near Owensboro. Frank Hermann and several other soldiers from Camp Campbell, near Hopkinsville, came to the...

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