Smith v. Commonwealth

Opinion of the Court by

Morris, Commissioner

Affirming.

Appealing from a judgment entered upon a jury’s verdict of guilty, sentencing Mm to prison for ten years for shooting and wounding one James Gill, accused contends that the indictment was fatally defective, and that:(2) The court erroneously overruled a motion for continuance.(3) The judgment is not in accord with the verdict.(5) The verdict is contrary to the evidence.

The proof is that upon a Sunday night in October, 1937, accused was sitting on the front porch of his home in New Castle, when Gill in company with another, came up.…