Owens v. Commonwealth

Opinion of the Court by

William Rogers Clay, Commissioner

Reversing.

Adam Owens, who was convicted of malicious wounding with intent to kill and given the maximum penalty, seeks a reversal of the judgment.

It appears that Owens struck John Spencer with a rock and crushed his skull. Spencer, who says that he was only thirteen years of age, testified as follows: Early Monday morning he was passing through appellant’s yard. The Saturday before he had whipped appellant’s son, who had called him a bad name. On reaching appellant’s home, he asked appellant’s son to go with him after some horses. The…