Barnard v. Commonwealth

The appellant Barnard was indicted, tried and convicted of the crime of assaulting Patrick D. Casey -with intent to rob him. The court, upon the trial of the case, instructed the jury correctly as to the crime of an “assault with intent to- rob;” but the appellant contends as the offense of a common assault and battery, a mere breach of the peace, is a degree of the crime of an “assault with intent to "rob,” 'and is included in that charge, that thé court, the evidence authorizing it, should have instructed ‘the jury that they might find him guilty of' the misdemeanor. There was some evidence…