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HELTON v. COMMONWEALTH

291 S.W.2d 40 (1956)

Marvis (Tobey) HELTON, Appellant, v. The COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

June 1, 1956.

Attorney(s) appearing for the Case

James C. Brock, H. M. Brock & Sons, Harlan, for appellant.

Jo M. Ferguson, Atty. Gen., Wm. Simpson, Asst. Atty. Gen., for appellee.

MOREMEN, Judge.

Appellant, Marvis (Tobey) Helton, was convicted under an indictment charging him with malicious shooting and wounding with intent to kill. He was sentenced to confinement in the county jail for a period of one year and fined the sum of $50.

On this appeal only one assignment of error is made and that is directed toward Instruction No. 4, which reads as follows:

"If the defendant, Marvis (Tobey) Helton, shot and wounded Levi...

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