Koch v. Commonwealth

STANLEY, Commissioner.

The appeal, by motion, is from a conviction of assault and battery with imposition of a-penalty of confinement in jail for six months and a fine of $5,000. The case is not the usual one of this class where the battery was done with violence and resulted in physical injury. However, the indictment charged and the instructions submitted the element of violence with the result of “great frights,, scare and hurts.” The real accusation and the trial was and is of what is embraced in the class known as common law aggravated assaults. Such an assault is now a statutory felony,…