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316 S.W.2d 231

Bean v. Commonwealth

Court of Appeals of Kentucky

Decided September 19, 1958

Court of Appeals of Kentucky · decided 1958-09-19

Decided 1958-09-19

PER CURIAM.

¶1Motion for an appeal from a judgment of the Hopkins Circuit Court, Honorable H. F. S. Bailey, Judge.

¶2The appellant, Elmer Bean, was convicted of shooting and wounding in sudden heat of passion and sentenced to serve six months in jail and pay a $500 fine. The evidence proved him guilty of aiding and abetting his brother, William Bean, in shooting Franklin Dawson.

¶3Although the two instructions claimed by the appellant to be erroneous were not technically complete, the court is of opinion that the substantial rights of the defendant were not prejudiced thereby. §§ 340, 353, Criminal Code.

¶4The motion for an appeal is overruled and the judgment stands affirmed.

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