Commonwealth v. Dunmire

Citations

• 38 Pa. Super. 155
• 1909 Pa. Super. LEXIS 104

Syllabus

<p>Criminal law — Assault and battery — Aggravated assault and battery.</p> <p>1. An information charging that the defendant did “beat, wound and ill treat the prosecutor,” and an indictment based thereon, charging that the defendant did commit an assault on the prosecutor, and “did strike, beat and ill treat,” him does not charge an aggravated assault within the meaning of sec. 98 of the Act of March 31, 1860, P. L. 382. In such a case the use of the word “wound” does not of itself raise the offense charged to the grade of aggravated assault and battery, and it may be treated and rejected as surplusage. In order to support a conviction for aggravated assault, there must be an act upon which aggravation supervenes and with which it is in some way connected.</p> <p>2. Under the local Acts of May 1, 1861, P. L. 682, April 11, 1868, P. L. 859, and April 10, 1873, P. L. 699, relating to Clarion county, where a person is indicted for an assault based upon an information charging beating and wounding, and the defendant is convicted in the quarter sessions of assault and battery, the prosecutor may not be sentenced to pay the costs of the prosecutor and other witnesses for the commonwealth.</p>