Duncan v. Commonwealth

delivered the, Opinion of the Court.

Upon an indictment against Frederick A. Kaye and Coleman Duncan, for an affray, the former was acquitted, on a plea of not guilty, and ^the latter having pleaded a former conviction upon an indictment for an assault and battery, and averred that the affray charged against him, and the assault and battery for which he had been convicted, were one and the same, the Commonwealth traversed. the alleged identity; and, upon the issue thus concluded, the jury found him guilty, and assessed against him a fine of one hundred and twenty five dollars; for which the…