WILLIAMS v. COMMONWEALTH


464 S.W.2d 806 (1971)

Denver WILLIAMS and Lindbergh Robinson, Appellants, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

March 19, 1971.


Attorney(s) appearing for the Case

Dan Jack Combs, Combs & Anderson, Pikeville, for appellants.

John B. Breckinridge, Atty. Gen., James M. Ringo, Asst. Atty. Gen., for appellee.


PALMORE, Judge.

Denver Williams and Lindbergh Robinson appeal from a judgment entered pursuant to a verdict finding them guilty of maliciously shooting into a motor vehicle occupied by one Jimmy Phillips. They were sentenced to two years' imprisonment, the minimum penalty allowable under the applicable statute, KRS 435.170(4).

They contend that the trial court erred in failing to instruct under KRS 435.180, 435.190 and 435.200 as lesser degrees of the offense...

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