Commonwealth v. Barclay

Opinion by

Wright, J.,

Orville Joseph Barclay was tried in Delaware County on three bills of indictment, Nos. 224, 225, and 226 September Sessions 1953. The offenses charged were, respectively, violation of the Uniform Firearms Act, pointing a deadly weapon, and assault with intent to rob. A demurrer to the evidence Avas sustained as to bill 224. A verdict of guilty was returned as to bills 225 and 226. Motions for a neAV trial and in arrest of judgment Avere refused by the Court beloAV. Sentence Avas imposed on bill 226, and this appeal followed.

The record discloses that the prosecuting…