Rogers v. Commonwealth

The accused (plaintiff in error) was convicted of assault and battery upon a little girl, less than six years of age. The case was heard de novo in the Hustings Court of Portsmouth, on an appeal from the police justice, and, by consent of parties, a jury was waived and the case submitted to the judge of the court, who pronounced judgment against the accused and fixed his imprisonment at six months in jail. The chief witnesses for the Commonwealth were the little girl, who lacked two months of being six years old, and her brother, of the age of eight years. The assignments of error are (1) the…