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COMMONWEALTH v. SMITH (06/13/62)

June 13, 1962

COMMONWEALTH
v.
SMITH, APPELLANT.



Appeal, No. 75, Oct. T., 1962, from judgment of Court of Quarter Sessions of Chester County, June T., 1960, No. 210-A, in case of Commonwealth of Pennsylvania v. E. Newbold Smith. Judgment affirmed.

COUNSEL

John B. Hannum, with him Theodore O. Rogers, and Pepper, Hamilton & Scheetz, for appellant.

Samuel J. Halpren, District Attorney, for Commonwealth, appellees.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Watkins

[ 198 Pa. Super. Page 500]

OPINION BY WATKINS, J.

This is an appeal from the judgment of sentence of the Court of Quarter Sessions of Chester County by the defendant, E. Newbold Smith, after his conviction on a charge of assault and battery; and from the denial by the court below of his motion for a new trial.

E. Newbold Smith was charged and tried under the

[ 198 Pa. Super. Page 501]

    following bills of indictment: No. 210, Obstructing officer in the Execution of Process; No. 210A, Assault and Battery, Aggravated Assault and Battery; No. 211, Obstructing Officer in the Execution of Process; No. 211A, Assault and Battery; and No. 211B, Assault and Battery. A verdict was directed for the defendant in No. 210. He was acquitted by the jury in Bills Nos. 211, 211A and 211B, and of the count of aggravated assault and battery in No. 210A. He was convicted of the count of assault and battery in No. 210A.

After the denial of his post trial motion he was sentenced to pay the costs of prosecution and a fine of $1000 and to imprisonment for 30 days.

The conviction grew out of a fight that occurred between the defendant, E. Newbold Smith, who was driving his automobile on State Highway route 202 where it intersected State Highway route 826, and Frank Elliott, Chief of Police of Thornbury Township, Chester County. At the time the defendant was alone in his car and Elliott was in summer uniform, without his hat. Elliott started after Smith's car when he failed to stop on a shouted order from a gas station as he crossed a medial strip.

At the intersection the defendant stopped for a red light and Elliott overtook him and commanded him to pull over. The defendant asked, "What for?" and Elliott is alleged to have said "pull over you ", using a filthy epithet. The defendant turned right on route 926, pulled off the road and Elliott stopped behind him. Elliott ...


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