Johnson v. Commonwealth

Kelly, P.,

delivered the opinion of the court.

The indictment in this case charged that the defendant, Albert Johnson, “unlawfully, feloniously and maliciously” shot and wounded one A. C. Holt with the intent to “unlawfully, feloniously and maliciously maim, disfigure, disable and kill” him. The verdict of the jury upon which the court entered the judgment here complained of was as follows: “We, the jury, find the prisoner guilty, and fix his punishment at three years in the penitentiary.”

At the time of the alleged offense the defendant, was more or less under the influence of liquor, which he…