BENTLEY v. COMMONWEALTH


354 S.W.2d 495 (1962)

Daniel BENTLEY, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

February 23, 1962.


Attorney(s) appearing for the Case

Stanley R. Hogg, Whitesburg, for appellant.

John B. Breckinridge, Atty. Gen., Martin Glazer, Asst. Atty. Gen., for appellee.


PALMORE, Judge.

Having shot his wife, appellant was convicted under an indictment for malicious shooting and wounding and sentenced to 10 years in prison. KRS 435.170. He claims prejudicial error in the trial court's failure to instruct on the so-called common law offense of wounding by the reckless, wanton or grossly careless handling of a gun.

The wife's version of the affair was that during the course of a brief argument in which he slapped her and she...

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