Commonwealth v. Graham

Opinion by

Reno, J.,

As in Com. v. Wadley, 169 Pa. Superior Ct. 490, 83 A. 2d 417, the Commonwealth has confessed error as to one phase of this case, and we hold that the error vitiates appellant’s conviction.

The indictment (No. 251 October Sessions, 1949) upon which, he was convicted and sentenced contained three counts. The first charged assault and battery upon Doris Bergman, who was 13 years old at the trial and 10 or 11 years old at the time of the alleged offense. The second charged aggravated assault and battery, but a verdict of not guilty was directed as to that offense. The third…