McComas v. Warth

Woods, Judge:

Ed McComas seeks, by mandamus, to require the Honorable H. C. Warth, judge of the court of common pleas of Cabell County, to vacate a certain judgment wherein relator was sentenced to five years in the penitentiary for an unlawful assault upon one George L. Bowman, with intent to maim, disfigure, disable and hill, and, in lieu thereof, to enter a judgment for an assault and battery, or such other judgment as the law and facts warrant.

The indictment, returned at the October term, 1932, charged that relator together with one Claude Huffman “on the 27th day of July, 1932, in the…