Montgomery v. Commonwealth

Opinion of the Court by

Judge McCandless—

Affirming.

Ashland Montgomery was convicted of malicious wounding and his punishment fixed at confinement in the penitentiary for three years. The only error assigned on this appeal is failure of the court to grant him a new trial on the ground of newly discovered evidence.

The prosecuting witness, Grover Allen, testified that between sundown and dark on Sunday, the day of the injury, he was riding on horseback near the residence of defendant. As he approached a turn in the road some one fired a shotgun from ambush, wounding both him and his horse. He…