Mitchell v. Commonwealth

Opinion op the Court by

Judge Sampson

Affirming.

Appellant Mitchell with his son, Orville Mitchell, was indicted in the Allen circuit court for the crime of maliciously cutting and wonnding another with intention to kill him, hut was found guilty of the lower offense of striking and wonnding another in sudden heat of passion or sudden affray, as provided in section 1242, Kentucky Statutes, and his punishment fixed at a fine of $500.00. At the conclusion of the evidence for the Commonwealth Orville Mitchell was, on motion, found not guilty of the charge in the indictment. This appeal is…