Commonwealth v. Crowder

Opinion of the Court by

Judge Miller

— Affirming.

In answer to an indictment charging Tom. Crowder ' with wilfully, unlawfully, and maliciously striking and *269wounding J. H. Ralph with intent to kill him, Crowder interposed, as a bar to the prosecution under the indictment, the judgment of a justice of the peace of Ohio county, showing that he had been convicted of an assault upon Ralph and fined ten dollars. The plea further alleged that the offense charged in the indictment was the same assault for which he had been fined, and that he had paid the fine.

The circuit court overruled a, demurrer to…