McDaniel v. Commonwealth

Opinion of the Court by

Sims, Commissioner—

Reversing.

The appellant, Colonel McDaniel, a white man 22 years of age, was tried in the Laurel Circuit Court on an indictment charging him with maliciously stabbing J. D. Tinsley, a colored man 62 years of age, with intent to kill him. The trial resulted in a verdict of guilty and the jury fixed appellant’s punishment at confinement in the penitentiary for two years.

In his brief appellant assigned three errors for the reversal of the judgment entered on the verdict: 1. The verdict is flagrantly against the evidence. 2. The court should have given an…