Caperton v. Commonwealth

Opinion of the Court by

Chief Justice Carroll

Affirming.

The appellant, Caperton, was indicted for maliciously striking William Clay with a black: jack, a deadly weapon, with the intent to kill him, but did not do so. The jury that heard the case found him guilty and fixed his punishment at confinement for two years in the penitentiary.

On this appeal a reversal of the judgment on the verdict is asked on several grounds that will be noticed in the course of the opinion.

The facts are substantially as follows:

K. M. Short was the marshal of the town of Louisa at the time that Clay was struck by…