Allen v. Commonwealth

Opinion of the Court by

Morris, Commissioner—

Affirming.

The two appellants, brothers, were jointly indicted on a charge of unlawfully, maliciously, and forcibly assaulting another with a deadly weapon, with the felonious intent to rob such person; it being descriptively charged that within the twelve months before the indictment, accused had attacked one Thomas Pigg, assaulting him with a deadly weapon (a pistol), and had attempted robbery.

A motion for separate trials was sustained, and the commonwealth elected to try John Allen first. He was placed on trial on March 1, and Sam’s trial followed…