Abbott v. Commonwealth

Opinion op the Court by

Judge Siler

Affirming.

Ted Abbott, the appellant, having been convicted of the malicious cutting and wounding of one Curtis Cope with intent to kill and punishment having been fixed at four years in the penitentiary, Abbott now appeals.

The only ground urged by appellant for a reversal is that instructions 3, 4, and 5 given by the trial court were prejudicially erroneous.

Abbott, previously convicted of a felony, chanced to meet Cope, a 17 year old boy, in a store in Albany. Abbott in an intoxicated condition through the effects of 2 pints of red liquor, was in the store on…