Ward v. Commonwealth

Opinion of the Court by

Judge Thomas

Beversing.

The appellant, W. J. Ward, was indicted in the Johnson circuit court charged with-wilfully and maliciously striking and wounding Sam Stapleton, “with a cane or walking stick, a deadly weapon,” with the intention of killing him, but from which wounding he did not die, a felony created by section 1166 of our present statutes. At his trial he was convicted, under an instruction authorizing it, of the misdemeanor denounced by section 1242 of the statutes and punished by a fine of $500.00' and con finement in the county jail for a period of six months;…