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COMMONWEALTH v. MUDD

255 S.W.2d 989 (1953)

COMMONWEALTH et al. v. MUDD.

Court of Appeals of Kentucky.

March 6, 1953.

Attorney(s) appearing for the Case

J. D. Buckman, Jr., Atty. Gen., and Squire N. Williams, Jr., Asst. Atty. Gen., for appellant.

Thomas Marshall and Funk, Chancellor & Marshall, Frankfort, Vernon Shuffett, Greensburg, for appellee.

COMBS, Justice.

William Mudd was shot in the arm by a state game warden. He filed claim for damages with the Kentucky Board of Claims, and the Board, after hearing, dismissed the claim. On appeal to the Franklin Circuit Court the order of the Board was set aside and judgment entered for Mudd in the amount of $5000.

The evidence is conflicting as to how the shooting occurred. The evidence for the Commonwealth is that the warden shot Mudd in self-defense while...

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