Marks v. Commonwealth

Opinion of the Court by

Chief Justice Clay

Reversing.

The appellant was convicted, under section 1166, . Kentucky Statutes, of the offense of willfully and maliciously striking and wounding his wife with intent to kill her, and his punishment was fixed at two years’ imprisonment in the penitentiary.

It is insisted that the evidence was insufficient, and that the court erred in not giving the whole law of the case.

Appellant’s wife testified that appellant came in late one night for supper. Supper was not ready, and he became quarrelsome. He then picked up a baseball bat, and hit her on the head,…