James v. Commonwealth

'Opinion op the Court by

Judge Thomas

Reversing.

On Ms trial in the Carter circuit court under an indictment charging him with unlawfully and maliciously cutting and stabbing Gomez Littleton with a knife, the appellant, Bert James, was convicted and sentenced to serve a term of two years in the pemtentiary. His motion for a new trial was overruled and he has. appealed, insisting through his counsel upon a number of grounds for a reversal of the judgment.

The circumstances under wMch the victim was wounded, wMch are uncontradieted, or which are overwhelmingly proven, are, that he in company with…