Hummer v. Commonwealth

Jeff Hummer and Weita Costello were separately indicted, but, by agreement, jointly tried, upon the charge of having “unlawfully and feloniously” cut and wounded one Henry B.ean. The jury returned separate verdicts, finding both defendants guilty, fixing the punishment of Miss. Costello at a nominal fine and three months in jail, and that of Hummer at one year in the penitentiary. The circuit court sentenced them accordingly, and the case is here upon a writ of error.

The indictments contained no charge of “malicious” cutting. After the prisoners had been arraigned and had each entered a plea…