Commonwealth v. Irons

Opinion by

Spaeth, J.,

Appellant was convicted by a jury of aggravated assault and battery and of assault with intent to murder. The assaults were one year apart and there was a separate indictment for each. The issue is whether it was proper to consolidate these indictments for trial.

Both assaults were on one Mary Green, and her testimony and the testimony of the other Commonwealth witnesses may be summarized as follows:

Mrs. Green had lived with appellant as his common law wife for about three years, off and on, and had had one child by him. On May 19, 1972, she, her children (appellant’s…