Caswell v. Commonwealth

Opinion of the Court by

Morris, Commissioner—

Affirming.

Appeallant was convicted of the offense of cutting and. wounding, with intent, etc. (Kentucky Statutes, Section 1166), the trial jury inflicting a penalty of five years’ confinement, and from judgment entered accordingly, appeal is prosecuted; contentions of error require a brief statement of facts.

The assault occurred March 23, 1940, the proof for the commonwealth showing that some time during the day appellant went into the restaurant of Mr. Brashear, in Upton, where G-addie was at the time. There arose a slight argument between Caswell…