Appeal from order of Court of Common Pleas, Criminal Division, of Allegheny County, June T., 1973, No. 4447A, in case of Commonwealth of Pennsylvania v. David Supertzi.
Robert L. Eberhardt, Assistant District Attorney, with him John M. Tighe, First Assistant District Attorney, and John J. Hickton, District Attorney, for Commonwealth, appellant.
Stephen P. Swem, Trial Defender, with him John J. Dean, Chief, Appellate Division, and George H. Ross, Public Defender, for appellee.
Watkins, P. J., Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Opinion by Price, J. Cercone and Spaeth, JJ., concur in the result.
[ 235 Pa. Super. Page 96]
In June, 1973, one Richard Tenney, and the appellee, David Supertzi, were indicted for the crimes of resisting arrest, obstructing justice, assault and battery, and inciting a riot.*fn1 At the end of the Commonwealth's case, the
[ 235 Pa. Super. Page 97]
appellee's demurrer to the evidence was sustained and the Commonwealth appealed. We reverse.
Accepting all facts which the Commonwealth's evidence tended to prove, and all inferences reasonably deducible therefrom, Act of June 5, 1937, P.L. 1703, No. 357 (19 P.S. § 481), reveals that on the night of April 17, 1973, in the City of Pittsburgh, Police Sergeant Robert Krah was riding in a detective car. He noticed Richard Tenney "staggering" along Forbes Avenue in the Oakland section of the city. Sergeant Krah and his partner, Officer Butler, stopped Tenney and attempted to talk to him. Suspecting that he was drunk, they placed him under arrest, at which time Tenney attempted to flee. He was caught and a tussle ensued.
The next events of record occurred on the fourth floor of the Montefiore Hospital, a hospital in the City of Pittsburgh. Richard Tenney had been taken to the hospital and placed in the custody of Police Officer Sievers, while Sergeant Krah went to obtain a warrant for his arrest.*fn2 When Officer Petrauskas, who was scheduled for duty at the hospital, arrived with Officers Burke and Wolfe, they were informed by Sievers that a warrant had been issued for Tenney's arrest. Officer Burke approached Tenney, informed him that a warrant for his arrest had been issued, and led him to the hospital police room. Once
[ 235 Pa. Super. Page 98]
in the police room, Tenney started to scream and ran to the telephones. When Officer Burke tried to stop him, another tussle ensued.
It was at this moment that the appellee entered the picture, attempting to pull the officers away from Tenney. The appellee was arrested and taken, screaming and ranting, to the police station ...