Kentucky Revised Statutes

Ky. Rev. Stat. § 435.170 (2026)

Repealed, effective January 1, 1975

✓ current as of May 2026

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Catchline at repeal: Malicious and wilful shooting, cutting or poisoning -- Shooting or throwing missile into train, station, steamboat, motor vehicle or building. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1166, 1227a.

Notes of Decisions

Cited in 106 cases, 1943–1977 · leading case: Reed v. Commonwealth, 248 S.W.2d 911 (Ky. Ct. App. 1952).

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Reed v. Commonwealth, 248 S.W.2d 911 (Ky. Ct. App. 1952). · cites it 6× “573) with a poker, large blocks of coal and other death dealing weapons” with intent to kill, but from which death did not ensue, in violation of KRS 435.170(2). Upon the trial under indictment No.”

Williams v. Commonwealth, 464 S.W.2d 806 (Ky. Ct. App. 1971). · cites it 15× “KRS 435.170 (old §§ 1166, 1227a) makes it a felony to commit any of the following acts “willfully and maliciously”: (1) Shooting at another person, with intent to kill.”

Jewell v. Commonwealth, 549 S.W.2d 807 (Ky. 1977). “The two degrees of shooting or cutting and wounding (old KRS 435.170 and 435.180) both required intent, as did murder and voluntary manslaughter (old KRS 435.”

Sherley v. Commonwealth, 558 S.W.2d 615 (Ky. 1977). “We find from the repealed sections of KRS the only comparable section to first-degree assault is KRS 435.170 (repealed) which denounced malicious striking and wounding with a deadly weapon with intent to kill and which provided a punishment of *617 two years’ to twenty-one…”

Sweatt v. Commonwealth, 550 S.W.2d 520 (Ky. 1977). “140, and sentenced to life imprisonment; on a count of malicious striking and wounding, KRS 435.170, and sentenced to twenty-one years’ imprisonment; and on a count of robbery in the first degree, KRS 515.”

Rice v. Davis, 366 S.W.2d 153 (Ky. Ct. App. 1963). “See KRS 435.170(1). Thereafter he filed in the Old-ham Circuit Court a petition for a writ of habeas corpus.”

Bentley v. Commonwealth, 354 S.W.2d 495 (Ky. Ct. App. 1962). · cites it 4× “KRS 435.170. 'He claims prejudicial error in the trial court’s failure to' instruct on the so-called common law offense of wounding by the reckless, wanton or grossly careless handling of a gun.”

Thacker v. Commonwealth, 306 S.W.2d 292 (Ky. Ct. App. 1957). · cites it 3× “Appellant was indicted and convicted of the crime of malicious shooting at without wounding another with intent to kill, and was sentenced to six years’ imprisonment under KRS 435.170, which authorizes imprisonment from two to twenty-one years for those convicted.”

Taylor v. Commonwealth, 449 S.W.2d 208 (Ky. Ct. App. 1969). · cites it 2× “Appellant was convicted of the crime of shooting and wounding with intent to kill under KRS 435.170 and was sentenced to six years in the penitentiary.”

Weber v. Commonwealth, 196 S.W.2d 465 (Ky. Ct. App. 1946). “It is usually said that assault and battery is a lesser degree of an assault with intent to rob (KRS 433.150), the minimum punishment for which, as we have noted, is 21 years imprisonment and the maximum death; also of the felony of malicious wounding with intent to kill (KRS…”

Jones v. Commonwealth, 281 S.W.2d 920 (Ky. Ct. App. 1955). “It was unnecessary to give an instruction on malicious shooting and wounding under KRS 435.170 because the wounded person died.”

Neely v. Commonwealth, 325 S.W.2d 79 (Ky. Ct. App. 1959). · cites it 2× “KRS 435.170(4). While riding along a highway one night with Molly Phillips, who was driving the car, Neely fired a pistol out the window at and struck an automobile which had just passed that car.”

Show all 106 citing cases →

— Ky. Rev. Stat. § 435.170(1) — 15 cases

Rice v. Davis, 366 S.W.2d 153 (Ky. Ct. App. 1963). “See KRS 435.170(1). Thereafter he filed in the Old-ham Circuit Court a petition for a writ of habeas corpus.”

Rice v. Commonwealth, 387 S.W.2d 4 (Ky. Ct. App. 1965).

Claypoole v. Commonwealth, 355 S.W.2d 652 (Ky. Ct. App. 1962).

Thacker v. Commonwealth, 306 S.W.2d 292 (Ky. Ct. App. 1957). “Appellant was indicted and convicted of the crime of malicious shooting at without wounding another with intent to kill, and was sentenced to six years’ imprisonment under KRS 435.170, which authorizes imprisonment from two to twenty-one years for those convicted.”

Williams v. Commonwealth, 464 S.W.2d 806 (Ky. Ct. App. 1971). “KRS 435.170 (old §§ 1166, 1227a) makes it a felony to commit any of the following acts “willfully and maliciously”: (1) Shooting at another person, with intent to kill.”

— Ky. Rev. Stat. § 435.170(2) — 22 cases

Reed v. Commonwealth, 248 S.W.2d 911 (Ky. Ct. App. 1952). “573) with a poker, large blocks of coal and other death dealing weapons” with intent to kill, but from which death did not ensue, in violation of KRS 435.170(2). Upon the trial under indictment No.”

Jones v. Commonwealth, 256 S.W.2d 520 (Ky. Ct. App. 1953).

Adkins v. Commonwealth, 309 S.W.2d 165 (Ky. Ct. App. 1958).

Anderson v. Commonwealth, 465 S.W.2d 70 (Ky. Ct. App. 1971).

Hurt v. Commonwealth, 333 S.W.2d 951 (Ky. Ct. App. 1960).

— Ky. Rev. Stat. § 435.170(3) — 1 case

— Ky. Rev. Stat. § 435.170(4) — 10 cases

Neely v. Commonwealth, 325 S.W.2d 79 (Ky. Ct. App. 1959). “KRS 435.170(4). While riding along a highway one night with Molly Phillips, who was driving the car, Neely fired a pistol out the window at and struck an automobile which had just passed that car.”

Bagby v. Commonwealth, 424 S.W.2d 119 (Ky. Ct. App. 1968).

Cook v. Commonwealth, 401 S.W.2d 51 (Ky. Ct. App. 1966).

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