Commonwealth v. Leach

Dissenting Opinion by

Montgomery, J.:

The evidence in this case is sufficient to sustain all charges for which this appellee was indicted, i.e., conspiracy, assault with intent to kill, aggravated assault and battery, and assault and battery. The victim, Tyrone Jones, was pursued by a group of fifteen men, including appellee, with the evident intent of harming him. Appellee was carrying a stick, another two bricks, and a third a sawed off shotgun which was fired at Jones, the pellets striking him in the head causing serious injury.

The conspiracy may be inferred from the concerted overt acts…