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BLACKBURN v. COMMONWEALTH

306 S.W.2d 268 (1957)

Corbett BLACKBURN, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

October 18, 1957.

Attorney(s) appearing for the Case

Sanders & Redwine, Charles E. Lowe, Pikeville, for appellant.

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

CLAY, Commissioner.

Appellant was convicted of wilfully shooting and wounding another with intent to kill and sentenced to two years in the state penitentiary. On this appeal he contends he was entitled to an instruction on accidental shooting and was entitled to a new trial because of misconduct of a juror.

The substance of appellant's testimony is that he intended to scare the prosecuting witness by shooting at...

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