Bishop v. Commonwealth

BIRD, Judge.

Helen Bishop was convicted of the offense of assault and battery. Her punishment was fixed at a fine of $1,000 and imprisonment for six months in the county jail. She moved for an appeal to this Court.

The Commonwealth proved two distinct acts of assault and battery upon the same person. There was little more than an hour between the two.

Evidence was first introduced on the first act and then on the second act. No election was made by the Commonwealth but the court instructed upon the second act only.

Appellant urges that the court should have instructed on the first act alone…