Little v. Commonwealth

Opinion op the Court by

Judge Olay

Reversing.

Appellant, Floyd Little, seeks the reversal of a .judgment convicting him of assault with intent to rob, and fixing his punishment at 10 years’ imprisonment.

The first error relied on is that the Verdict is flagTantly against the evidence. Bruce Marcum, the prosecuting witness, testified in substance as follows: He had been in the habit of visiting some relatives, who lived .near the White Pine School House, in Breathitt county, and was on his way to see them. .En route he stopped at the home of Alfred McIntosh, with whom he had hunted ground hogs.…