Alder v. Commonwealth

Opinion of the Court by

Morris, Commissioner

Reversing.

Appellant was charged by indictment with the common law offense of assault and battery. A jury found him guilty and fixed his punishment at a fine of $200 and 30 days in jail. On his motion for appeal he contends that he was entitled to a directed verdict of ac quittal at the close of the commonwealth’s and all testimony, and that the court erroneously gave instruction No. 2.

At the time of the occurrence appellant, a peace officer, and a deputy sheriff were out in the county serving summons on persons for jury service. At some point on the…