Commonwealth v. Varner

Citations

• 74 Pa. Super. 529
• 1920 Pa. Super. LEXIS 190

Syllabus

<p>Criminal law — Indictment—Assault and battery with intent to ravish — Attempt—Conviction.</p> <p>An indictment, charging a defendant with a felonious assault with force and arms, followed by unlawful criminal knowledge and abuse, is sufficient to sustain a verdict of guilty of assault and battery with intent to ravish.</p> <p>Under the provisions of section 50 of the Act of March 31, 1860, P. L. 442, the jury is at liberty to find that a defendant is guilty of an attempt to commit the crime charged, and the verdict containing the words, “assault and battery,” indicates that force was used, but that the crime was not consummated.</p> <p>Criminal procedure — Sufficiency of indictment — Motion in ar~ rest of judgment.</p> <p>A motion in arrest of judgment is not the recognized way in which to assail the sufficiency of the evidence of the Commonwealth to support a conviction. The established and proper method of raising that question is by submitting a point for binding direction from the trial judge in favor of the defendant.</p>