Long v. Commonwealth

*392Opinion of the Court by

William Rogers Clay, Commissioner

— Affirming.

Mat J. Long was convicted of assault and battery and Ms puniskment fixed at a fine of $75.00 and twenty days in jail. Being refused a new trial he prosecutes this appeal.

Appellant is the postmaster at Elkatawa, Kentucky, and also conducts a store at that place. During the April term, 1916, of the Breathitt circuit court, Flint Miller, the prosecuting witness, testified before the grand jury. Shortly thereafter he went .to appellant’s store for the purpose of getting his mail and thereupon appellant assaulted him with a pistol…