Commonwealth v. Smith

Opinion by

Cunningham, J.,

Samuel Smith was convicted under an indictment charging him, substantially in the language of Section 93 of the Act of March 31,1860, P. L. 382,18 PS §2263, with having committed an assault and battery upon Ada Wise with intent to have unlawful carnal knowledge of her, forcibly and against her will, and now appeals from the sentence imposed upon him.

So far as the indictment, itself, is concerned, any one of three verdicts was possible — acquittal, guilty of simple assault and battery or guilty as indicted.

This background is disclosed by uncontroverted evidence:…