Philpot v. Commonwealth

SIMS, Judge.

Appellant, Gilbert Philpot, was convicted of maliciously cutting Ora Ball with a deadly weapon with intent to kill and his punishment fixed at confinement in the penitentiary for 4 years. His motion and grounds for a new trial assigned three errors: (1) The court failed to instruct on the whole law of the -case) (2) the instruc *500tions were erroneous; (3) the court failed to admonish the jury as to the proper effect of certain evidence introduced by the Commonwealth. This last ground was not argued in the brief and it is therefore waived. Chism v. Com., 286 Ky. 314, 150 S.W.2d 694,…