Commonwealth v. Heatter

Opinion by

Hirt, J.,

Defendant was charged, in the language of §722 of The Penal Code of June 24, 1939, P. L. 872, 18 PS §4722 with assault and battery upon one Miriam E. Blose, with intent forcibly and against her will, to have unlawful carnal knowledge of her. He was found guilty as indicted and was sentenced. The defendant in the court below presented his motion in arrest of judgment, alleging that the evidence was insufficient to sustain the charge; and in the alternative he moved for a new trial on the ground the trial judge neglected to charge the jury that the defendant could be found…