State v. Newman

The opinion of the court was delivered by

Heher, J.

Plaintiff in error was convicted of assault and battery upon an indictment charging atrocious assault and battery upon one Dorothy Lee, and sentenced to imprisonment for an indeterminate term of two to three years. He has caused the entire record of the proceedings had upon the trial to be returned with the bill of exceptions, pursuant to R. S. 1937, 2:395-16.

The first point made is that the trial judge erred in permitting “the count for atrocious assault and battery to go to the jury, since it indicated to the minds of the jury that the court…