Cloyd v. Commonwealth

OPINION op the Court by

Drury, Commissioner

Affirming.

The defendant, charged by indictment with maliciously striking and wounding John Tackett with a deadly weapon, was by the jury found guilty, and his punishment fixed at confinement in the penitentiary for one year. He filed his motion and grounds for a new trial, relying upon these alleged errors:

One. The excessiveness of the verdict.

Two. Surprise in the evidence.

Three. Because the defendant was a hoy of tender age and had had no experience in court and had been recently shot and dangerously wounded, of which he had not fully recovered and…