Senters v. Commonwealth

MOREMEN, Justice.

Appellant, Ernest Senters, was found guilty of the crime of assault and battery and his punishment was fixed at confinement in jail for six months and a fine in the amount of $1,000'.

On January 16, 1954, a rainy, misty night, George Baute and his wife were walking along the right hand side of U.S. Highway 25E when he was struck from the rear, hurled a distance of about thirty feet and injured. His wife was unhurt. The couple testified that they were walking on a path on the shoulder of the road, about three feet from the hard surface. They did not hear the car approach and…