Hopper v. Com.
217 S.W.2d 640
Feb. 4, 1949.
ACTION: Appeal dismissed.

Appeal from Circuit Court, Knox County; J. B. Johnson, Judge.

Willie Hopper was convicted under statute prohibiting the shooting at another person without malice in a sudden affray and not in self defense, and he appeals.

REES, Justice.
Appellant was tried under an indictment charging him with wilfully and maliciously shooting at another without wounding. He was convicted under an instruction which submitted the question of his guilt of the offense, a degree of the crime for which he was indicted and a misdemeanor. His punishment was fixed at a fine of $500 and confinement in the county jail for one year. He is prosecuting an appeal purportedly granted by the circuit court without complying with the procedure outlined in section 348 of the Criminal Code of Practice.

This courts is without jurisdiction, the appeal is dismissed.



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