Palmer v. Commonwealth

DUNCAN, Justice.

The appellant, James Palmer, a police officer of the city of Ravenna was indicted for maliciously striking and wounding another with intent to kill, an offense der nounced by KRS 435.170(2). Upon his trial he was convicted of the common law offense of assault and battery and his punishment fixed at a fine of $1,000. Reversal is sought on two grounds: (1) insufficient evidence to sustain the conviction; (2) erroneous instructions.

There is a sharp disagreement as to the facts. According to appellant and some of the witnesses the prosecuting witness, Gardner Bir.chfield, Jr., was…