Commonwealth v. Harlos

Opinion by

Porter, P. J.,

The defendant was tried upon an indictment which contained three counts. The first count charged assault and battery; the second charged assault and battery and with a blunt instrument the infliction of grievous bodily harm, commonly called aggravated assault and battery; and the third count charged felonious assault and battery. The jury returned a verdict of guilty on all the counts, but the court set aside the verdict as to the third count, felonious assault and battery, and sentenced the defendant on the second count. The defendant appeals and assigns for error an…