Garten v. Commonwealth

Opinion op the Court by

J. P. Hobson, Commissioner

Reversing.

Fred Garten was indicted in the Boyle circuit court for assault and battery on J. S. Lunsford and on the trial of the case he was found guilty and his punishment fixed at a fine of fifty ($50.00) dollars and confinement in the county jail at hard labor for a period of eighteen months. His motion for a new trial was overruled and he appeals.

The proof for the Commonwealth showed these facts: Lunsford resided in Boyle county on Stewart’s lane; his residence was about ninety yards from the public highway; on a Sunday afternoon in…