McIntosh v. Commonwealth

Opinion op the Court by

Judge Cammack

Reversing.

Appellant, Renben McIntosh, was indicted at the February term, 1938, of the Estill Circuit Court for assault with intent to kill. Kentucky Statutes, section 1166. He was tried at the same term of court and was found guilty by the jury and his punishment fixed at confinement in the State Reformatory for five years. Judgment was entered accordingly. From this judgment McIntosh appeals.

In addition to the court’s refusal to give a peremptory instruction of not guilty of assault with intent to kill with a deadly weapon in favor of appellant, reversal…