Myers v. Commonwealth

Prentis, P.,

delivered the opinion of the court.

The accused has been found guilty of malicious assault, with intent to maim, disfigure, disable and kill, and sentenced to three years confinement in the penitentiary.

*727He is here assigning as error that the indictment does not charge him with the crime of which he has been convicted, and is, therefore, insufficient to support the conviction. The trial court took a different view, and instructed the jury that they might so ñnd. A motion of the accused for a new trial, as well as his motion in arrest of judgment upon the ground that the verdict was…