Commonwealth v. Mellon

Opinion by

Keller, J.,

Defendant was convicted of (1) robbery and (2) assault and battery with intent to kill. He was sentenced on the indictment charging robbery. Sentence was suspended on the other charge; the appeal as to it is premature, since judgment of sentence has not been entered.

Four assignments of error have been filed, specifying two general grounds for reversal, viz: (1) The charge of the court was unduly favorable to the Commonwealth and unfair to the defendant. (2) The court erred in refusing the motion for a new trial on the ground of after-discovered evidence.(1) Appellant…