Smith v. Commonwealth

CULLEN, Commissioner.

In an indictment under KRS 435.170(2) Alton Lee Smith, an inmate of the state penitentiary, was charged with maliciously cutting or stabbing a fellow convict, with a knife, with intent to kill. He was found guilty of that offense and sentenced to a four-year term of imprisonment. On this appeal from the judgment of conviction his primary contention is that the trial court erred in not giving an instruction on common law assault and battery, which he maintains is a lesser degree of the offense charged.

In support of his argument Smith cites Helton v. Commonwealth, Ky., 244…