Gosney v. Commonwealth

Opinion op the Court by

Judge Cammack

Overruling motion for appeal.

Under a charge of assault and battery Elmer G-osney and Elbert King were found guilty. The jury fixed Gosney’s punishment at one year in jail and that of King at two years in jail and a fine of $500. The record contains both a motion for an appeal and a statement of appeal. The statement of appeal recites that the judgement from which the appeal is being prosecuted is on page sixteen of the record. On page sixteen the following order appears: “This cause having been submitted on defendants ’ motion and grounds for a new trial…