State v. Gum

Millee, Judge:

The indictment charges that the defendant did maliciously and feloniously cut, stab and wound one John Waugh, a sergeant of the town of Marlinton, while the latter was attempting to place him, under arrest for being drunk and disorderly, with the intent to then and there maim, disfigure, disable and kill the said Waugh.

Upon the trial, upon his plea of not guilty, the jury found the defendant guilty of unlawful, but not malicious, wounding, as charged in the indictment. TJpon this verdict the court below pronounced the judgment complained of, that the defendant be confined in the…