Commonwealth v. Miller
Superior Court of Pennsylvania
Appeal, No. 5, March. T., 1922, by defendants, from judgment of Q. ¡3. Juniata Co., Sept. Sessions, 1920, No. 15, on verdict of guilty in the case of Commonwealth of Pennsylvania v. William A. Miller and Arthur J. Burke. Indictment for aggravated assault and. battery. Before Barnett, P. J. The facts are stated in the opinion of the Superior Court. Verdict of guilty on which judgment of sentence was passed. Defendants appealed.
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Appeal, No. 5, March. T., 1922, by defendants, from judgment of Q. ¡3. Juniata Co., Sept. Sessions, 1920, No. 15, on verdict of guilty in the case of Commonwealth of Pennsylvania v. William A. Miller and Arthur J. Burke. Indictment for aggravated assault and. battery. Before Barnett, P. J. The facts are stated in the opinion of the Superior Court. Verdict of guilty on which judgment of sentence was passed. Defendants appealed. Errors assigned, among others, were refusal to quash the indictment because there was a variance between the several counts of the indictment and the information, and…
1Opinion of the Court
Opinion by
Trexler, J.,
The information in this case charged that the appellant, Miller, and his codefendant, Burke, whose appeal is not pressed, “made an assault upon your affiant and shot at your affiant with their revolvers a number of times, one of which shots hit your affiant in his left hip and inflicted a serious wound, and said Burke then and there struck your affiant on the head with his fist, and, said William Miller and Burke did then and there otherwise mistreat and abuse your affiant.” Beyond question this information is sufficient to sustain a count for assault and battery and…
2Cases cited5 opinions
- Commonwealth v. CarsonSupreme Court of Pennsylvania · 1895
- Commonwealth v. FlahertySuperior Court of Pennsylvania · 1904
- Commonwealth v. RobertsonSuperior Court of Pennsylvania · 1911
- Commonwealth v. HustonSuperior Court of Pennsylvania · 1911
- Commonwealth v. BobanicSuperior Court of Pennsylvania · 1916
3Cited by35 opinions
- Commonwealth v. MustoSupreme Court of Pennsylvania · 1943
- Commonwealth v. WilkinsonSuperior Court of Pennsylvania · 1980
- Commonwealth Ex Rel. Jenkins v. CostelloSuperior Court of Pennsylvania · 1940
- Thompson v. Emerald Oil Co.Supreme Court of Pennsylvania · 1924
- Commonwealth v. MartinSuperior Court of Pennsylvania · 1936
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