Bottom v. Commonwealth
Court of Appeals of Kentucky
Case 7 — INDICTMENT— APPEAL FROM MERCER CIRCUIT COURT. 1. A simple assault is not as high an offense against the law as when accompanied by a battery. (Cornelison v. Commonwealth, 84 Ky.,' 598.) 2. To allow the jury, in their discretion, to fine and imprison without limit is to give them absolute power over the life and liberty of the citizen. 3. “Hard labor” is not a part of the common law punishment for an assault and battery, or an assault alone.
Read the full summary
Case 7 — INDICTMENT— APPEAL FROM MERCER CIRCUIT COURT. 1. A simple assault is not as high an offense against the law as when accompanied by a battery. (Cornelison v. Commonwealth, 84 Ky.,' 598.) 2. To allow the jury, in their discretion, to fine and imprison without limit is to give them absolute power over the life and liberty of the citizen. 3. “Hard labor” is not a part of the common law punishment for an assault and battery, or an assault alone. And section 1377 of the Kentucky Statutes, which provides for such punishment, applies only to statutory offenses. The instructions are a clear…
1Opinion of the Court
JUDGE GRACE
deltveeed the opinion op Tins COURT.
This is an appeal by tbe Mercer Circuit Court, for six hundred and seventy-five dollars rendered upon the verdict of a jury under an indictment filed in said court against one Henry Passmore and Geo. C. Bottom for assault committed on the person of John S. Storrs.
Bottom alone was on trial.
The appellant complains in his motion for a new trial that the verdict was made and case decided in a manner other than by a fair expression of opinion by the jurors.
In support of this no affidavit was filed, nor any evidence offered.
A second ground relied on is…
2Cited by3 opinions
- Weber v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1946
- May v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1955
- Martin, Wise & Fitzhugh v. JohnsonCourt of Appeals of Texas · 1895