REXROAT v. COMMONWEALTH


226 S.W.2d 949 (1950)

312 Ky. 199

REXROAT v. COMMONWEALTH.

Court of Appeals of Kentucky.

February 7, 1950.


Attorney(s) appearing for the Case

L. C. Lawrence, Jameston, Morris Montgomery, Liberty, for appellant.

A. E. Funk, Atty. Gen., Zeb A. Stewart, Asst. Atty. Gen., for appellee.


HELM, Justice.

Appellant, Ralph Rexroat, charged with assault and battery, was found guilty and his punishment fixed at a fine of $500. He appeals, assigning as errors: (1) The court erred in permitting the Commonwealth to introduce incompetent evidence; (2) the court erred in overruling the demurrer to the indictment; and (3) the court erred in overruling defendant's motion for a directed verdict.

On December 2, 1947, about 7:30 p. m., J. D. York, 72, who...

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