Cruise v. Commonwealth

Opinion op the Court bt

Judge Rees—

Reversing.

The appellant, James Cruise, was indicted by the grand jury of Laurel county for the crime of maliciously striking and wounding another with a deadly weapon with intent to kill, an offense denounced by section 1166, Kentucky Statutes. He was tried and convicted; his punishment being fixed at confinement in the penitentiary for a period of two years. As grounds for reversal he urges that the lower court erred (1) in refusing to grant him a continuance; and (2) in instructing the jury.

The commonwealth has filed a motion to strike the bill of…