Commonwealth v. Wadley

Opinion by

Reno, J.,

As to one phase of this case, the Commonwealth has confessed error, and the question is: Was it reversible error?

Through an unprecedented concatenation of strange errors appellant was convicted of mayhem, a crime for which he had not been indicted. To No. 333 January Sessions, 1951, appellant was indicted for burglary with intent to commit a felony, i.e., rape; to No. 334, malicious mischief; and to No. 335, aggravated assault and battery and assault and battery with intent to ravish. The bill, to No. 336, charging mayhem, was ignored by the grand jury. All the charges grew…