Jones v. Commonwealth

The indictment in this case, pursuant to the provisions of section 4402 of the Code, charged that the defendant, Lieutenant Jones, armed with a knife, feloniously and maliciously did cut and wound one L. R. Wood with intent to maim, disfigure, disable and kill.

There was a trial by a jury which returned this verdict: “We the jury find the accused guilty of malicious assault, and fix the punishment at eight (8) years in the penitentiary.” (Italics added.)

Upon this verdict the court pronounced judgment.

*681Section 4402 of the Code provides: “If any person maliciously shoot, stab, cut or wound any…