Van Dyke v. Commonwealth

This case is before us upon a writ of error awarded Grant Van Dyke to a judgment rendered by the Circuit Court of Tazewell County on July 9, 1954. Van Dyke was found guilty of maliciously wounding Benjamin F. Oakes and pursuant to the jury’s verdict sentenced to serve five years in the State penitentiary.

Four assignments of error are relied upon by the accused. The second assignment deals with court’s refusal to give an instruction offered by the defendant, and the third deals with the giving of two instructions on behalf of the Commonwealth. These assignments will not be considered by us for…