Weber v. Commonwealth

Opinion op the Court by

Stanley, Commissioner

Affirming.

The judgment of conviction of assault and battery imposes a sentence of imprisonment in jail for four years and a fine of $5,000. A reversal is sought on the grounds (1) the admission of incompetent evidence; (2) excessive and unconstitutional punishment; and (3) improper argument of the Commonwealth’s Attorney.

According to the evidence for the Commonwealth, during the evening of September 26, 1945, the defendant, John H. Weber, accosted R. Davis McAfee while he was adjusting his clothing in the toilet room of a roadhouse, known as Kenwood…