Patton v. Commonwealth

CLAY, Commissioner.

Defendant was convicted of the offense of maliciously cutting and wounding another with intent to kill and sentenced to., five years in the state; penitentiary... He presents two grounds ;for. reversal of-¡ the-, judgment. . '.

Following an automobile áccidént, ' appellant was taken intp custody, by a state policeman for drunkenness in a public place' and was transported'to jail. There appellant and the state policeman 'engaged in an altercation and appellant stabbed the offi-' cer. The propriety- of.; submitting .the case to the jury is not in question.

*842When appellant' was…