Moore v. Commonwealth

Stanley, Commissioner

Reversing.

Clyde Moore appeals from a conviction of willfully and maliciously striking another with a deadly weapon with the intent to kill him and sentenced to three years and six months in prison. KRS 435.170(2).

The proof against the defendant is that he threw a rock or piece of brick and struck a young white boy, William P. Jones, in the head and seriously wounded him. The defendant denied having thrown the rock or brick at Jones, but admits that he threw it at Herbert Tingle, one of two men with Jones. There was an affray between some white and colored men in a Negro…