Burgess v. Commonwealth

Opinion op the Court by

Judge Carroll

Reversing.

Wesley Burgess was indicted in the Fayette circuit court charged with the offense of unlawfully, maliciously and feloniously striking and wounding Newton Elliott “with a tobacco hook, a deadly weapon, with the felonious and malicious intent tó kill him, but from which striking and wounding death did not ensue. ’ ’

On a trial of the case Burgess was found guilty by the jury “of striking in sudden .affray or sudden heat and passion” and his punishment fixed at a fine of one hundred dollars and twelve months’ confinement in the county workhouse at…