Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

COMMONWEALTH v. BUCHANAN (09/30/71)

decided: September 30, 1971.

COMMONWEALTH
v.
BUCHANAN, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, March T., 1970, No. 478, in case of Commonwealth of Pennsylvania v. Frederick Buchanan.

COUNSEL

Vincent J. Ziccardi, Defender, with him John W. Packel, Assistant Defender, for appellant.

Milton M. Stein, Assistant District Attorney, with him J. Bruce McKissock, Assistant District Attorney, James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, and Cercone, JJ. (Spaulding, J., absent). Dissenting Opinion by Hoffman, J.

Author: Per Curiam

[ 220 Pa. Super. Page 252]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

Appellant was tried before the court below without a jury and found guilty of assault and battery with intent to ravish. Appellant's oral motions in arrest of judgment and for a new trial were denied and this appeal followed.

The sole issue presented on appeal is whether the evidence was sufficient to support the conviction.

The complaining witness testified at trial that on the evening of February 11, 1970, appellant attacked her and knocked her to the street. A struggle ensued. Appellant told the victim, "Be quiet and you won't get hurt", and then "Shut up or I'll kill ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.