Forgy v. Commonwealth

Opinion op the Court by

Chief Justice Clay—

Reversing.

This is an appeal from a judgment convicting appellant of malicious striking- and wounding with a deadly weapon with intent to kill, and fixing his punishment at one year’s imprisonment in the penitentiary.

The facts are these: The difficulty occurred at •Quality, in Butler county, on August 21,1925. The prosecuting witness, T. V. McReynolds, owned a storey and he and Luther Porter went to the store for the purpose of calling an officer to arrest Leo Forgy, who had created a disturbance at the church. After leaving the store they separated…