Appeal from judgment of sentence of Court of Common Pleas, Criminal Division, of Allegheny County, Dec. T., 1973, No. 7460A, in case of Commonwealth of Pennsylvania v. John Stortecky.
John Stortecky, in propria persona, and Donna Jo McDaniel, Trial Defender, John J. Dean, Chief, Appellate Division, and Ralph J. Cappy, Public Defender, for appellant.
Louis R. Paulick and Robert L. Eberhardt, Assistant District Attorneys, John M. Tighe, First Assistant District Attorney, and John J. Hickton, District Attorney, for Commonwealth, appellee.
Watkins, P. J., Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Opinion by Van der Voort, J. Jacobs, J., concurs in the result. Dissenting Opinion by Hoffman, J. Spaeth, J., joins in this opinion.
[ 238 Pa. Super. Page 118]
Appeal is taken to this Court from judgment of sentence rendered upon convictions by a jury for the crimes of resisting arrest*fn1 and aggravated assault.*fn2 Factually, it appears that police officers were summoned when appellant became loud and abusive while attending a party held in the Lithuanian Hall on the South Side where a substantial group of people had gathered to play bingo. When the police arrived, Officer Leonard attempted to find out from appellant what the problem was. Appellant kept shouting and hollering about the "m - f - niggers, that they should be thrown out of the hall." He then became abusive of Officer Leonard, using obscene language. He refused to leave the hall at the request of the police. Officer Leonard then placed appellant under arrest. A scuffle ensued when the officers arrested appellant, and the record is clear that appellant assaulted and battered the person of the arresting officer. Procedurally, appellant's motion to quash the indictment was denied. A timely motion for a new trial was filed and after argument refused.
Appellant challenges his judgment of sentence on the ground that the lower court erred in failing in its charge to define "lawful arrest" in the language requested by appellant's counsel. The term "lawful arrest" is involved in each of the offenses of which the appellant was found
[ 238 Pa. Super. Page 119]
guilty. The Crimes Code formulates the offenses of aggravated assault and resisting arrest in pertinent parts as follows:
"§ 2702 Aggravated assault
(a) Offense defined. -- A person is guilty of aggravated assault if he:
(3) attempts to cause or intentionally or knowingly causes bodily injury to a police officer making or attempting ...