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COMMONWEALTH PENNSYLVANIA v. SHARON F. WEISS (03/22/85)

filed: March 22, 1985.

COMMONWEALTH OF PENNSYLVANIA
v.
SHARON F. WEISS, APPELLANT



Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Lebanon County at No. 15, 1983

COUNSEL

Allen H. Krause, Lebanon, for appellant.

John Feather, Assistant District Attorney, Lebanon, for Commonwealth, appellee.

Wickersham, Del Sole and Popovich, JJ.

Author: Wickersham

[ 340 Pa. Super. Page 429]

At approximately 11:00 p.m. on November 26, 1982, Anthony Finkle, a police officer with the Annville Township Police Department, responded to a report of a hit and run accident at the Stone Hill Trailer Park in Annville. The report had been called in by Chris Gettle, appellant's nextdoor neighbor, and involved appellant's husband, Bruce Weiss. Officer Finkle subsequently tried to place Mr. Weiss under arrest, but Mr. Weiss broke the officer's grasp three times and eventually went into the trailer where he and appellant lived. The officer attempted to follow Mr. Weiss into the trailer, but he discovered the door was locked. He then broke open the locked door and proceeded inside, where he first encountered appellant, Sharon Weiss.

Thereupon, appellant started to yell and use various obscenities, telling the officer to get out of her house and off her property. Officer Finkle requested that she stop swearing and lower her voice, but she did neither. After Officer Finkle finally placed Mr. Weiss in custody and took him outside to the police car, he requested identification from appellant. She refused to give him any and, using similar language, asked who was going to pay for the broken door. When Officer Finkle returned to the door of the trailer, however, she handed him her driver's license. This entire incident took place in approximately one minute. She was subsequently charged with disorderly conduct and was found guilty by a district justice on January 5, 1983. She appealed to the Lebanon County Court of Common Pleas and following a trial de novo on March 25, 1983, was again found guilty. Following unsuccessful post-trial motions, she filed this timely appeal.

Appellant raises the following issues before us:

1. Did the Commonwealth prove beyond a reasonable doubt that the obscene language used by Appellant was done with an intent to cause public annoyance or alarm, or recklessly creating a risk thereof?

[ 340 Pa. Super. Page 4302]

. Did the Court err with prejudice to Appellant, in its five rulings on objections during the Hearing, all of said rulings being against the Appellant and in favor of the Commonwealth, said rulings being as follows:

(a) On cross-examination of Prosecutor Finkle, Counsel for Appellant-Defendant asked him whether he was complaining about Appellant-Defendant objecting to his breaking into her home and entering same, to which the Commonwealth objected and the Court sustained the objection as argumentative.

(b) On Cross-examination of Prosecutor Finkle, upon Appellant-Defendant's Counsel questioning him as to whether or not he had a warrant when he broke into Appellant-Defendant's home, the ...


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