Commonwealth v. Johnson

Opinion by

Mr. Justice O’Brien,

Appellant, William Johnson, was tried September 11-18, 1968, by a judge and jury on charges of assault and battery, burglary and resisting arrest. He was convicted of assault and battery and resisting arrest, but the jury was discharged as to the burglary charge, as it was unable to reach a verdict on that point. Appellant was sentenced to one and one-half to three years, and the Superior Court, in a per curiam opinion, affirmed the judgment of sentence. We granted allocatur and now we reverse.

Appellant raises four arguments in his appeal. Two of these arguments…