Lenahan v. Commonwealth

Opinion op the Court by

Van Sant, Commissioner

—Affirming.

Appellant was convicted of tbe common law crime of assault and battery, and sentenced to serve five years in tbe Campbell County jail. After tbe appeal was filed in tbis Court, tbe Attorney General moved tbe Court to strike from tbe record tbe purported bill of exceptions, because it bad never been filed in tbe Circuit Court. Tbe motion was passed to tbe merits, and is tbe first question for our determination.

Tbe trial was commenced on^tbe twenty-nintb day of March, 1945, and was concluded on tbe following day, which was Friday. Motion…