Abner and Rogers v. Commonwealth

Opinion of the Court by

Judge Clay

Reversing.

Appellants were convicted of assault with intent to rob, and their punishment fixed at two years ’ confinement in the penitentiary.

The evidence of Arthur Arrington, the prosecuting witness, was to the effect that he was driving across the bridge near the town of Wallins when appellant, Rogers, flagged him down by waving a pistol. As he stopped, Rogers shot in front of the ear through the bridge flooring. Rogers 'and Abner then stepped on the car with pistols drawn, and, after asking him if he had a pistol or any money, began to search his pockets. As…