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DAVIDSON v. COMMONWEALTH

340 S.W.2d 243 (1960)

Levi DAVIDSON, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied December 16, 1960.

Attorney(s) appearing for the Case

Carlos B. Pope, J. B. Campbell, Barbourville, for appellant.

John B. Breckinridge, Atty. Gen., William F. Simpson, Asst. Atty. Gen., for appellee.

STEWART, Judge.

Levi Davidson was convicted of the offense of wilfully and maliciously shooting at and wounding his wife, Martha Davidson, with the intent to kill. See KRS 435.170(1). The punishment imposed by the jury was a sentence of two years in the penitentiary.

Davidson has appealed from the judgment entered, urging these two grounds for reversal: (1) The verdict is not sustained by the evidence; and (2) the second instruction given to the jury was erroneous...

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