Court of Appeals of Kentucky March 10, 1950 (Burkhart v. Commonwealth)

Judge Rees

Reversing.

Appellant, Anderson Burkhart, was convicted of the crime of maliciously shooting at and wounding another with intent to kill, and sentenced to serve fifteen years in the penitentiary. On this appeal he argues but one ground for reversal of the judgment, to wit, the trial court’s failure to instruct the jury upon his theory that the shooting was accidental and not intentional.