GILBERT v. COMMONWEALTH


317 S.W.2d 175 (1958)

Noah GILBERT, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

October 17, 1958.


Attorney(s) appearing for the Case

Ollie James Cockrell, Jackson, for appellant.

Jo M. Ferguson, Atty. Gen., David B. Sebree, Asst. Atty. Gen., for appellee.


STANLEY, Commissioner.

The appellant, Noah Gilbert, submits as grounds for a reversal of his conviction of striking and wounding with intent to kill French Terry, with two years in prison as a penalty, that the verdict is flagrantly against the evidence and error in overruling his motion for a new trial based upon newly discovered evidence.

The indictment charges the accused with using "a rock, a deadly weapon." Other than insisting he struck Terry in self...

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