No. 949 OCTOBER TERM, 1977, Appeal from the Judgment of Sentence of the Court of Common Pleas of Chester County, at No. 216 September Term, 1973.
John R. Merrick, Public Defender, Kennett Square, for appellant.
James P. MacElree, II, Assistant District Attorney, West Chester, for Commonwealth, appellee.
Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Jacobs, President Judge, concurs in the result. Cercone, J., files a concurring and dissenting opinion. Watkins, former President Judge, and Hoffman, J., did not participate in the consideration or decision of this case.
[ 259 Pa. Super. Page 503]
Defendant has appealed from convictions by the trial judge and sentencing for:
1. Assault and battery upon George Bitting, Third Count;
2. Assault and battery on Police Officer Adams, Second Count;
3. Obstructing an officer in the performance of his duties, Fifth Count.
After post-trial motions were dismissed, the Court imposed a sentence of imprisonment for not less than 11 1/2 nor more than 23 months on the Third Count; suspended sentence on the Second Count provided the defendant pay restitution; and stated there was a "merger" of the Fifth Count and imposed no sentence as to that count.
The facts underlying the charges in this case are that defendant and a female companion were the recipients of insulting remarks from Bitting, to which defendant responded by hitting Bitting; and that a short time later, when police officer Adams attempted to detain defendant to identify him, defendant struck Adams two blows which knocked him to the ground.
Defendant claims that the evidence is insufficient to sustain convictions of assault and battery. There appear to be sufficient facts on the ...