Commonwealth v. Remley

Opinion op the Court by

Judge Richardson

Certifying the law.

•Clifford Remley, by an indictment returned by the grand jury of the Kenton circuit court, was charged with the common-law offense of assault and battery alleged to have been committed by striking with his hands and fists Hugh Semones, inflicting divers bruises, hurts, and wounds upon his face and body. At the conclusion of the evidence of the commonwealth, the court peremptorily directed a verdict of acquittal.

The commonwealth appeals, conceding that under section 339 of the Criminal Code of Practice the judgment on the directed…