29 Pa. Super. 378 | Pa. Super. Ct. | 1905
Opinion by
This defendant (with William Danes) was convicted of an aggravated assault and battery.
If the assignments of error, which are excerpts taken from the charge, were complete paragraphs or represented separate and entire instructions on essential phases of the case, they would undoubtedly be erroneous. However, after an examination of the testimony and the whole charge, it is- clear that the defendant had his case fully and fairly presented in an adequate manner. It was rather the weight of the case that pressed heavily upon him than the manner in which it was presented to the juiy. The first count in the indictment was for an aggravated assault and battery; the second simple assault and battery. At the outset, the trial judge defined the offense of aggravated assault and battery by reading the statutory definition given to it in our crimes act, and described the of
The nature of the controversy, the distinctive difference between .the two counts of the indictment, the contention of each side, the burden of proof, and the province of the jury
Neither of the assignments of error is sustained and the judgment is affirmed, and it is ordered that the record be remitted to the court below that the sentence imposed shall be fully carried into effect.