Sutton v. Commonwealth

Opinion op the Court by

Judge Logan

Affirming.

Appellant was found guilty on a charge of shooting and wounding another with the intent to Mil. He relies on three grounds for reversal: (1) The court erred in its instructions to the jury. (2) The verdict is not supported by the evidence.' (3) The court erred in overruling Ms motion for a new trial based on newly discovered evidence.

Appellant and Charlie Bouse were neighbors, living on adjoining farms. There had been no previous trouble between them. Their farms were separated by a division fence. A hog belonging to appellant had trespassed on the…