Burgess v. Commonwealth

The plaintiff in error was indicted for malicious assault with intent to kill, and was found guilty'of simple assault and sentenced to confinement in jail for twelve months and to pay a fine of $200.

The Commonwealth examined three witnesses on the subject of the shooting, all policemen of the city of Norfolk, and all of whom were eyewitnesses of a part or all of what transpired at the time. The conviction, however, is dependent upon the testimony of policeman Douglas, who is contradicted in important particulars by other witnesses for the Commonwealth, and by disinterested witnesses for the…