Brinegar v. Commonwealth

Opinion op the Court by

Sims, Commissioner

Affirming.

The appellant, Forest Brinegar, was convicted of maliciously stabbing and wounding Carl Harris with intent to kill, and his punishment was fixed at confinement for two years in the penitentiary. He seeks a reversal of the judgment on three grounds: (1) The court erred in not peremptorily instructing the jury to acquit him; (2) the verdict is flagrantly against the evidence; (3) the instructions to the jury were erroneous and were not the whole law of the case. A consideration of the ease requires a brief recitation of the facts.

Brinegar and…