Smiddy v. Commonwealth

CAMMACK, Chief Justice.

J. B. Smiddy was sentenced to four years in prison on a charge of malicious striking and wounding with a deadly weapon with intent to kill. One of the grounds upon which he urges reversal of the judgment is that there was insufficient evidence to warrant the submission of the case to the jury on the charge for which he was found guilty. Since we think this contention is well grounded, we shall confine our consideration of the case thereto.

The prosecuting witness was Pete Bray, a man 76 years of age and who had been serving as deputy sheriff of Whitley County for some 20…