Ewing v. Commonwealth

DAVIS, Commissioner.

Appellant was indicted and tried on a charge of maiming Robert Evans “by putting his eye out.” KRS 435.160. The jury found appellant guilty of the common law misdemeanor of assault and battery, and fixed his punishment at a fine of $500 and imprisonment in the county jail for twelve months.

Appellant presents three assignments of error: (1) the court should have directed a verdict of acquittal, pursuant to motions made at the conclusion of the case for the prosecution and after all the evidence was in; (2) the verdict is so palpably against the evidence as to require…