Commonwealth v. Bergdoll

Citations

• 55 Pa. Super. 186
• 1913 Pa. Super. LEXIS 340

Syllabus

<p>Criminal law — Assault and battery — Aggravated assault and battery— Indictment — Verdict—Evidence—New trial.</p> <p>1. A count for aggravated assault and battery will support a verdict of guilty of assault and battery, and also a verdict of guilty of assault.</p> <p>2. A verdict of guilty of assault will be sustained although the evidence may show that the defendant was also guilty of battery. In such a case the court will not examine into the process of reasoning which led the jury to conclude that the defendant was guilty of the assault, but not guilty of the battery.</p> <p>3. A verdict of guilty of assault in operating an automobile will be sustained where the evidence shows that the machine was run with reckless speed on the wrong side of the highway, and in such a manner that it zigzagged from side to side.</p> <p>4. On the trial of an indictment for assault and battery in recklessly operating an automobile so that it collided with another machine, a witness who came upon the scene of the accident one hour after it occurred, may describe the conditions which he saw upon the ground, and if no objection is taken at the trial to such testimony objection to it will not be considered on a motion for a new trial.</p> <p>5. A verdict of guilty of assault will not be set aside merely because one of the jurors believed that such a verdict carried a fine only.</p> <p>6. A juror’s testimony is not admissible as to what transpired in the deliberation of the jury acting as an organized body in the performance of its official duty.</p>