Commonwealth v. Vanchaski

Citations

• 42 Pa. Super. 294
• 1910 Pa. Super. LEXIS 328

Syllabus

<p>Criminal law — Felonious assault — Attempt to commit murder — Act of March 31, 1860, Sec. 81, P. L. 382.</p> <p>1. On the trial of an indictment for felonious assault under sec. 81 of the Act of March 31, 1860, P. L. 382, which defines the offense as the causing, by various acts, “any person bodily injury dangerous to life with intention in any of the cases aforesaid to commit murder,” there is no burden upon the commonwealth to establish by evidence that the defendant intended to commit the crime of murder of the first degree. It may show that the intention of the prisoner covered either of the degrees of murder recognized by the penal statute.</p> <p>2. Where a prisoner is indicted in one count for felonious assault under see. 81 of the act of March 31, 1860, and in a second count for the infliction of grievous bodily harm, and the jury find a verdict of not guilty on the first count, but guilty upon the second count, an assignment of error which relates to an alleged mistake in an answer to a point dealing only with the first count, will not be considered.</p>