Helton v. Commonwealth

Opinion of the Court by

Judge Rees

Reversing.

The grand jury of Magoffin county returned an indictment against "Woodrow Helton charging him with the crime of unlawfully and maliciously assaulting Coy Ham with an offensive weapon with intent to rob' him of money and other things of value, a crime defined by Section 1160 of the Kentucky Statutes. Helton was tried and convicted, and his punishment fixed at imprisonment in the state penitentiary for a term of two years The sole ground relied upon for reversal of the judgment is an alleged error in the instruction on assault and battery.

Instruction…