Commonwealth v. Radzinowicz
Superior Court of Pennsylvania
Appeal, No. 41, March T., 1909, by defendant, from judgment of Q. S. Luzerne Co., Nov. T., 1908, No. 230, on verdict of guilty in case of Commonwealth v. Stanis Radzinowicz. Indictment for assault and battery.
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Appeal, No. 41, March T., 1909, by defendant, from judgment of Q. S. Luzerne Co., Nov. T., 1908, No. 230, on verdict of guilty in case of Commonwealth v. Stanis Radzinowicz. Indictment for assault and battery. The court charged in part as follows: [In order to convict of a felonious assault and battery, or assault and battery with intent to commit murder, the evidence must be such as would justify a jury, had the wounds proved fatal, in returning a verdict of murder, either of the first or second degree. I do not think the testimony justifies any such verdict, and therefore I withdraw from…
1Opinion of the Court
Opinion by
Porter, J.,
The appellant has not printed in his paper-book the indictment upon which he was tried in the court below, but we may gather from the charge of the court and the printed argument of the counsel that the indictment contained three counts, the first charging felonious assault and battery, the second count charging that the defendant did cut, stab and wound the prosecutor, being drawn under sec. 98 of the Act of March 31, 1860, P. L. 427; and the third count charging an assault and battery. That part of the charge of the court which is the subject of the first specification…
2Cases cited5 opinions
- Commonwealth v. SheetsSupreme Court of Pennsylvania · 1900
- Commonwealth v. SuttonSupreme Court of Pennsylvania · 1903
- Commonwealth v. CurcioSupreme Court of Pennsylvania · 1907
- Commonwealth v. PenroseSuperior Court of Pennsylvania · 1905
- Commonwealth v. CarrSuperior Court of Pennsylvania · 1905
3Cited by2 opinions
- Com. of Pa. v. HeckmanSuperior Court of Pennsylvania · 1934
- Commonwealth v. AlvarezSuperior Court of Pennsylvania · 1970