No. 2452 October Term, 1977, Appeal from Memorandum Opinion and Order of Court of the Common Pleas of the 59th Judicial District of Pennsylvania, dated the 29th of August, 1977.
Paul J. Quattrone, Ridgway, for appellant.
James A. Meyer, District Attorney, Ridgway, for Commonwealth, appellee.
Jacobs, President Judge, and Hoffman, Cercone, Price, Van der Voort, Spaeth and Hester, JJ. Spaeth, J., files a dissenting opinion. Jacobs, former President Judge, and Hoffman, J., did not participate in the consideration or decision of this case.
[ 265 Pa. Super. Page 455]
Appellant Anthony J. Tegano appeals from the judgment of sentence imposed following his conviction by a jury of aggravated assault and resisting arrest.*fn1 Three issues are raised on appeal for our determination:
1) whether the arresting officer maintained such status as to entitle him to the right of lawful arrest;
2) whether there was sufficient evidence to support the conviction for aggravated assault; and
3) whether appellant's use of force upon the arresting officer was justifiable under 18 Pa.C.S.A. § 506(a).
We do not reach the merits of these contentions for appellant has failed to comply with the Supreme Court's mandate in Commonwealth v. Blair, 460 Pa. 31, 331 A.2d 213 (1975).
Appellant's entire post-trial motion consisted of the following:
Defendant's Motion for Judgment N.O.V.
AND NOW, to-wit this 10th day of March, 1977, the defendant, by Paul J. Quattrone, Esquire, his attorney, a point for binding instructions in his favor having been declined by the Court, moves the Court to have all the evidence taken upon the trial duly certified and filed so as to become part of the record and for ...