Wright v. Commonwealth

BIRD, Judge.

Tommie Wright was convicted of malicious cutting and wounding as denounced by KRS 435.170(2). His punishment was fixed at confinement in the state'penitentiary for a period of two years. He appeals from that judgment.

He first complains that the Commonwealth failed to prove malice. The victim, Ray McManis, was wounded twice, a slight wound in the back and a dangerous wound in the stomach. Appellant admits he cut McManis in the back while McManis was holding him in a bear hug to prevent his participation in a -fight.

McManis was forced to free the appellant from the bear hug when the…