Thompson v. Commonwealth

Opinion of the Court by

Chief Justice Sims

—Reversing.

Frank Thompson was convicted of the felony of maliciously cutting and wounding J. T. Fultz, Jr., with the intention of killing him and his punishment was fixed at confinement in the penitentiary for two years. On this appeal he asks that the judgment be reversed because: 1. The verdict is not supported by the evidence. 2. The court did not properly instruct the jury. 3. Improper conduct of the Commonwealth Attorney in asking leading questions. 4. The jury was not properly impanelled.

Thompson and Fultz had a fight on December 31, 1946, in a…