Commonwealth v. Anagustov
Superior Court of Pennsylvania
Appeals, Nos. 84 and 85, Oct. T., 1923, by defendants, from judgment of O. & T. Northampton Co., June T., 1922, No. 91, on verdict of guilty, in the case of Commonwealth of Pennsylvania v. Dementous V. Anagustov and Efratios Kalapaxis. Indictment for robbery. Before Stotz, J. The opinion of the Superior Court states the case. Verdict of guilty of aggravated assault and battery, on which judgment of sentence was passed.
Read the full summary
Appeals, Nos. 84 and 85, Oct. T., 1923, by defendants, from judgment of O. & T. Northampton Co., June T., 1922, No. 91, on verdict of guilty, in the case of Commonwealth of Pennsylvania v. Dementous V. Anagustov and Efratios Kalapaxis. Indictment for robbery. Before Stotz, J. The opinion of the Superior Court states the case. Verdict of guilty of aggravated assault and battery, on which judgment of sentence was passed. Defendants appealed, Error assigned-was refusal of defendants’ motion in arrest of judgment.
1Opinion of the Court
Opinion by
Henderson, J.,
The defendants were indicted for robbery. The indictment was drawn under section 102 of the Act of March 31,1860, P. L. 408, and contained one count. The verdict was, “not guilty of robbery, but guilty of aggravated assault and battery.” A motion in arrest of judgment was thereupon made on the ground that the indictment did not sustain the verdict. This motion was overruled, and of this action the appellants complain.
The same question is raised in each of the appeals and they may therefore be considered and disposed of together.
The position taken in behalf of the…
2Cases cited5 opinions
- Hunter v. CommonwealthSupreme Court of Pennsylvania · 1875
- Commonwealth v. LewisSupreme Court of Pennsylvania · 1891
- Commonwealth v. FlahertySuperior Court of Pennsylvania · 1904
- Commonwealth v. ParkerAllegheny County Court of Oyer and Terminer · 1892
- State v. CrowellSupreme Court of Missouri · 1899
3Cited by10 opinions
- Commonwealth v. ComberSupreme Court of Pennsylvania · 1953
- Commonwealth v. BrownmillerSuperior Court of Pennsylvania · 1940
- Commonwealth v. DarcySupreme Court of Pennsylvania · 1949
- Commonwealth v. JonesSupreme Court of Pennsylvania · 1939
- State v. CarrollOregon Supreme Court · 1936
5 more not listed; retrieve them via the Exa API.