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GAINES v. COMMONWEALTH

505 S.W.2d 174 (1974)

Ronnie Joe GAINES, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

February 1, 1974.

Attorney(s) appearing for the Case

Anthony M. Wilhoit, Public Defender, and David E. Murrell, Deputy Public Defender, Frankfort, for appellant.

Ed W. Hancock, Atty. Gen., and Peter C. McDonald, Asst. Atty. Gen., Frankfort, for appellee.

JONES, Justice.

On May 18, 1973, Appellant Ronnie Joe Gaines was convicted of "willfully and maliciously" shooting "at or into . . . [a] dwelling house . . . ." KRS 435.170.

The sole issue presented in his appeal is whether the trial court erred in overruling appellant's motion for directed verdict. Appellant contends that because he was physically within the dwelling house at the time he fired a shot into the floor he could not have shot "at or into" the...

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