Commonwealth v. Jackson

Opinion by

Hoffman, J.,

In June, 1969 appellant was convicted of assault and battery, aggravated assault and battery, and assault and battery with intent to maim, by a judge sitting without a jury. The court accepted the recommendation of counsel and imposed a five-year probation and ordered restitution of $1500 within one year. New counsel later replaced the trial attorney and informed the judge that the court was without power to order restitution in an assault and battery case. The court then vacated the original sentence and sentenced Appellant1 to eleven and one half to twenty-three months.