OLIVER v. COMMONWEALTH


262 S.W.2d 693 (1953)

OLIVER v. COMMONWEALTH.

Court of Appeals of Kentucky.

December 4, 1953.


Attorney(s) appearing for the Case

Vernon Faulkner, S. M. Ward, Hazard, for appellant.

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


STEWART, Justice.

The question raised on this appeal is whether there was such a fatal variance between the offense charged and the evidence introduced that appellant was entitled to an instruction to find him not guilty.

An indictment was returned at the November term, 1952, of the Perry Circuit Court, accusing appellant of the crime of maliciously striking and wounding another with a deadly weapon with intent to kill, a crime denounced by KRS 435.170(2)...

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