Day v. Commonwealth

Opinion op the Court by

Judge Clay

Reversing.

Acie Day appeals from a judgment convicting him ■of malicious cutting and wounding, with intent to kill, and fixing his punishment at two years’ imprisonment.

Dave Maggard, the prosecuting witness, testified as follows: He and appellant were at Enterprise, in Carter county. Appellant was mad at him, and accused him of having his wheelbarrow and not bringing it home. Appellant followed him around, using abusive and insulting language. At one time when appellant was coming at him he pushed appellant away with a stick. Later -on he left Enterprise and…