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CUMMINS v. COMMONWEALTH

344 S.W.2d 611 (1961)

Donald "Red" CUMMINS et al., Appellants, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

March 17, 1961.

Attorney(s) appearing for the Case

Joseph A. Montgomery, Somerset, Brown, Sledd & McCann, William H. McCann, Lexington, for appellants.

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

WILLIAMS, Judge.

The appellants, Donald "Red" Cummins, Paul Cummins, and Leland Bell, were jointly indicted, tried and convicted in Pulaski Circuit Court for the crime of willfully and maliciously shooting another with intent to kill. The jury fixed punishment of Donald "Red" Cummins at ten years in the State penitentiary, Paul Cummins at five years, and Leland Bell at two years. From a judgment pronounced upon the verdict, and the order of the court overruling motion...

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