Commonwealth v. Sanders

Opinion by

Jacobs, J.,

Jurisdiction of this case is now vested in the Supreme Court of Pennsylvania. The record was remanded to this Court by the Supreme Court, on May 10, 1971, so that we might prepare and file an opinion in support of our order of November 13, 1970, affirming the judgment of sentence upon the appellant. See 217 Pa. Superior Ct. 410, 272 A. 2d 190 (1970). This opinion is filed in response to the Supreme Court’s order.

Appellant was charged with assault and battery, aggravated assault and battery, and assault and battery with intent to commit murder. After a trial before Judge…