Tackett v. Commonwealth

CULLEN, Commissioner.

Harold Tackett was convicted of maliciously assaulting James F. Haggard with an offensive weapon in a felonious attempt to rob, KRS 433.150, and his punishment was fixed at confinement in prison for 21 years. The sole ground urged for reversal is the court erred in not giving an instruction on the common law misdemeanor of assault and battery.

A brief resume of the evidence is necessary to determine whether this instruction should have been given. The proof for the Commonwealth shows that Tackett and a friend, Buddy Hatfield, drove to the home of Haggard so Tackett could…