Commonwealth v. Farace

Flannery, P. J.,

On January 10, 1961, defendants, in an indictment containing two counts, were charged with aggravated assault and battery and assault and battery. On February 7, 1961, they filed a demurrer and a motion to quash, which are before us for disposition.

At the argument, defendants withdrew their objection to the jurisdiction of this court and they presently contend: (1) That the first count of the indictment, charging aggravated assault and battery under section 709 of the Act of June 24, 1939, P. L. 872, 18 PS §4709, is fatally defective in that the cited statute is vague and…