Harper v. Commonwealth

Harold Harper, the accused, was indicted under the maiming act, Code section 18-70, tried, found guilty of committing assault and battery upon Frank E. Webb, and sentenced to confinement in jail for twelve months.

His first contention is that the evidence for the Commonwealth was insufficient to sustain the verdict; hence, he says the court committed reversible error in overruling his motion to set it aside. There is a sharp conflict in the testimony on vital issues. That for the Commonwealth is substantially as follows:

On July 4, 1953, the accused and his wife went in an automobile to the…