Mitchell v. Commonwealth

*574The grand jury of Albemarle county having returned an indictment against the accused, Douglas Mitchell, for a felonious and malicious assault upon one Frank Byrd, he was on the 8th day of October, 1923, arraigned for trial.

Upon his arraignment he pleaded “not guilty” to tbe indictment, and upon that plea the jury found him not guilty of the felony charged, but guilty of assault and battery, and fixed his punishment at sixty days confinement in jail and a fine of seventy-five dollars. Upon this verdict of the jury judgment was entered by the trial court. To that judgment this writ of error was…