Branch v. Commonwealth

Opinion of the Court by

Judge McCandless

Affirming.

The defendant was convicted of malicious wounding and given a sentence of four years in the penitentiary. The grounds relied upon in the motion for a new trial in the lower court were: (1) misstatement of facts in evidence by one of the witnesses for the defendant; (2) newly discovered evidence. The same reasons are urged for a reversal.

The evidence discloses that the defendant and prosecuting witness are negro women, and that ill-feeling existed between them in regard to some washing. The difficulty occurred in the yard of Harriet Sears.

Accordi…