Sizemore v. Commonwealth

PALMORE, Justice.

During an argument over the ownership of a truck the appellant, Steve Sizemore, committed an assault and battery on one Sherman Howard by striking him once on the nose with his fist or clenched hands. Sizemore was indicted and tried before a jury, which found him guilty and fixed his punishment at a fine of $2500. The sole ground upon which Sizemore appeals from a judgment entered in accordance with the verdict is that the punishment is excessive and in violation of Ky.Const. § 17 and the 8th Amendment of the federal constitution. Sec. 17 of the Kentucky Constitution reads as…