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COMMONWEALTH PENNSYLVANIA v. ANTHONY EBERHARDT (06/25/82)

filed: June 25, 1982.

COMMONWEALTH OF PENNSYLVANIA
v.
ANTHONY EBERHARDT, APPELLANT



No. 785 Pittsburgh, 1980, Appeal from the Judgment of Sentence dated July 11, 1980, Court of Common Pleas, Criminal Division, Allegheny County, at CC No. 8002279.

COUNSEL

G. William Bills, Jr., Pittsburgh, for appellant.

Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.

Wieand, Johnson and Montemuro, JJ. Wieand, J., dissents.

Author: Johnson

[ 304 Pa. Super. Page 223]

Appellant was found guilty, following a non-jury trial, of Resisting Arrest*fn1 and placed on one year probation. On appeal, he raises two issues: (1) that the lower court erred in denying his motion for demurrer because the Commonwealth failed to prove an essential element of the crime, i.e., a lawful arrest, and (2) that the evidence was insufficient to support the verdict.

Because of our disposition of this case, we need only consider the second issue, concerning the sufficiency of the evidence to sustain the verdict. The test is whether, reading the evidence in the light most favorable to the Commonwealth and drawing all reasonable inferences therefrom, the Commonwealth has proven all the elements of the offense beyond a reasonable doubt. Commonwealth v. Contakos, 492 Pa. 465, 424 A.2d 1284 (1981).

Reading the evidence in the light most favorable to the Commonwealth, the facts established at trial are these. The incident occurred at the home of the appellant. Three Pittsburgh police officers, in possession of an arrest warrant for appellant, went to his residence and were admitted into the home by appellant's brothers and sisters. A search of the second floor revealed appellant lying underneath a bed. After the officers removed appellant from underneath the

[ 304 Pa. Super. Page 224]

    bed, he began to scuffle with them, claiming he was not Anthony Eberhardt. The scuffle proceeded into the living room and then downstairs into the dining room. During the scuffle, much furniture was overturned and one of the officers sustained a bruise on his forearm. Appellant, finally breaking free, darted to the third floor of the home, exited through a window onto a porch, and successfully fled the area. Three days later, appellant was located on the Northside of Pittsburgh and was placed under arrest, without incident, by police officers.

The statute on resisting arrest, 18 Pa.C.S.A. § 5104 states:

§ 5014. Resisting arrest or other law enforcement

A person commits a misdemeanor of the second degree if, with the intent of preventing a public servant from effecting a lawful arrest or discharging any other duty, the person creates a substantial risk of bodily injury to the public servant or anyone else, or employs means ...


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