Hoback v. Commonwealth

Monguee, P.,

delivered the opinion of the court.

This is a writ of error to a judgment of the circuit court of Wythe county, rendered on the 22d.dayof September, 1876, convicting the plaintiff in error John Hoback, of felony, and sentencing him therefor to imprisonment in the penitentiary for the term of' two years. He was indicted, for that he “feloniously and of his malice aforethought, did shoot one Brown Seagle, with intent him, the said Brown Seagle, to maim, disfigure, disable and kill.” On his arraignment he pleaded not guilty, on which plea issue was thereupon joined, which issue was…