Commonwealth v. Ross

*489Dissenting Opinion by

Hoffman, J.:

Defendants, Emma and Tony Ross, were charged with assault and battery, aggravated assault and battery, and assault and battery with intent to commit murder, upon Lucius Whitaker on February 4, 1967. After a trial on April 17 and 18, 1967, the jury found defendants guilty on all counts. Motions for new trial and in arrest of judgment were denied. Tony Ross was sentenced to a term of not less than two nor more than five years in the Eastern State Correctional Institution. Emma Ross, however, was sentenced to a maximum sentence of seven years to the State…