COM. v. KIRKWOOD


360 Pa.Super. 270 (1987)

520 A.2d 451

COMMONWEALTH of Pennsylvania, Appellee, v. Woodrow W. KIRKWOOD, Jr., Appellant.

Supreme Court of Pennsylvania.

Filed January 23, 1987.


Attorney(s) appearing for the Case

David F. Megnin, Kittanning, for appellant.

Before CAVANAUGH, WIEAND and JOHNSON, JJ.


WIEAND, Judge:

The principal issue in this appeal is whether a simple assault is committed by one who, during a dance, grabs a partner by the arm and swings the partner violently about the dance floor as a result of which the partner sustains bruises and fingernail marks of the arms.

As a result of such an incident, Woodrow W. Kirkwood was tried by a jury and was found guilty of simple assault. Post-trial motions were denied, and the court thereafter suspended...

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