Commonwealth v. Banks

Opinion by

Wright, J.,

The Commonwealth has appealed from an order of the Court of Quarter Sessions of Philadelphia County quashing Bill of Indictment No. 383 June Sessions 1963, which charged Ellis Banks in three counts with various grades of assault and battery on Benjamin Schutzberger. There is no doubt as to the Commonwealth’s right to appeal from an adverse ruling on a pure question of law. See Commonwealth v. Simpson, 310 Pa. 380, 165 A. 498.

The record discloses that, on the afternoon of April 14, 1963, Schutzberger, a storekeeper, was assaulted and beaten by a number of young men. The…