Commonwealth v. Franklin

Opinion by

Dithrich, J.,

Defendant was tried and convicted on an indictment containing two counts. The first count charged assault and battery and the second aggravated assault and battery. The jury returned a general verdict of guilty. On this appeal, complaint is made of fundamental error in the charge of the court.

An examination of the record discloses that the learned trial judge not only failed to instruct the jury as to the distinction between assault and battery and aggravated assault and battery, but nowhere in the charge was any mention made of the offenses for which the defendant had…