Gilbert v. Commonwealth

STANLEY, Commissioner.

The appellant, Noah Gilbert, submits as grounds for a reversal of his conviction of striking and wounding with intent to kill French Terry, with two years in-prison as a penalty, that the verdict is flagrantly against the evidence and error in overruling his motion for a new trial based upon newly discovered evidence.

The indictment charges the accused with using “a rock, a deadly weapon.” Other than insisting he struck Terry in self-defense, the appellant contends the evidence shows that as a fact he struck the man only with his fist.

French Terry, 68 years old, testified…