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COMMONWEALTH v. ALEXANDER (10/28/75)

decided: October 28, 1975.

COMMONWEALTH
v.
ALEXANDER, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, March T., 1974, No. 1573, in case of Commonwealth of Pennsylvania v. Steve Alexander.

COUNSEL

William K. Sayer, Elaine DeMasse, and John W. Packel, Assistant Defenders, and Vincent J. Ziccardi, Defender, for appellant.

Neil Kitrosser, Mark Sendrow, and Steven H. Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.

Watkins, P. J., Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Opinion by Price, J. Dissenting Opinion by Spaeth, J. Hoffman and Cercone, JJ., join in this opinion.

Author: Price

[ 237 Pa. Super. Page 113]

Appellant was charged with the crime of aggravated assault.*fn1 He was tried before the Honorable Edward B. Rosenberg, sitting without a jury, and was found guilty on May 6, 1974. Following the denial of appellant's post-trial motions, he was sentenced to nine to twenty-three months in the county prison. Appellant contends that the evidence was insufficient to sustain the conviction. We find no merit to this contention and will, therefore, affirm.

It is fundamental that in reviewing the sufficiency of the evidence, we must view the evidence in the light most favorable to the Commonwealth, and give the Commonwealth the benefit of all reasonable inferences arising therefrom. Commonwealth v. McFadden, 448 Pa. 146, 292 A.2d 358 (1972); Commonwealth v. Minor, 227 Pa. Superior Ct. 343, 322 A.2d 717 (1974). When we so view the evidence, we find it more than sufficient to sustain the conviction.

Briefly stated, the facts reveal that on March 6, 1974, appellant struck, with his closed fist, Herbert Rosenzweig on the head. Although Rosenzweig did not lose consciousness, he was knocked to the ground and stunned. The type of blow which appellant admittedly delivered to the victim would probably best be described as a "sucker punch" since the victim neither expected it nor saw it being delivered. The blow blackened both of Rosenzweig's eyes, fractured his nose, and required stitches to close the other wounds on his face. The victim was treated at the

[ 237 Pa. Super. Page 114]

    emergency ward of a hospital and released. A taxi cab driver parked nearby witnessed the attack and testified that appellant walked up to Rosenzweig, struck him, and then walked away. The cab driver began to chase appellant on foot. A police officer joined the chase and eventually apprehended appellant.

A person is guilty of the crime of aggravated assault if he:

"(1) attempts to cause serious bodily injury to another, or causes such injury intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life." Act of Dec. 6, ...


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