Commonwealth v. Foerst

Opinion by

Ross, J.,

The appellant, Frank Foerst, was convicted by a jury on both counts in an indictment charging him with assault and battery and aggravated assault and battery upon one Nicholas P. Rosemiller. Foerst has appealed to this court from the refusal of the lower court en banc to grant him a new trial.

Rosemiller, a truck driver, while sitting in the cab of his truck which had been stopped opposite the main entrance to the Willoiv Grove Naval Air Station in Montgomery County about 2:30 a.m. on May 16, 1946, was assaulted by two men and, as a result thereof, was seriously injured.…