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STEPHENS v. COMMONWEALTH

382 S.W.2d 397 (1964)

Raymond STEPHENS, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

September 25, 1964.

Attorney(s) appearing for the Case

A. Dale Bryant, Campton, for appellant.

Robert Matthews, Atty. Gen., Frank D. Berry, Asst. Atty. Gen., for appellee.

MOREMEN, Judge.

Appellant, Raymond Stephens, was convicted of willfully shooting and wounding his brother, Herbert Stephens, with the intention of killing him. His punishment was fixed at five years' confinement in the penitentiary.

Porter Stephens lived in Bath County in a six room house (two of which were on the second floor) with his wife, his son, Herbert Stephens, and a niece, Phyllis Spencer, who was not at home at the time of the

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