Head v. Commonwealth

Opinion by

Judge Hargis:

The appellant was indicted, tried and convicted of the offense of wilful and malicious cutting and wounding with intent to kill, and sentenced to the penitentiary for the period of one year. From this sentence he appealed.

The serious error committed against his substantial rights was in giving the first instruction, by which the jury were told if the appellant wilfully and maliciously cut and wounded James A. Wathen with a knife, etc., they should find him guilty,-etc. The acts set forth in the instruction did not constitute the statutory offense with which appellant…