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COM. v. BARTMAN et al.

240 Pa.Super. 495 (1976)

Commonwealth v. Bartman et al., Appellants.

Superior Court of Pennsylvania.

April 22, 1976.

Attorney(s) appearing for the Case

George B. Stegenga, for appellant, James K. Bartman.

Charles C. Gentile, for appellant, Michael A. Dikun.

James A. Caldwell, Special Assistant District Attorney, and W. Bertram Waychoff, District Attorney, submitted a brief for Commonwealth, appellee.

Before WATKINS, P.J., HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ. (JACOBS, J., absent).

OPINION BY HOFFMAN, J., April 22, 1976:

Appellants, James K. Bartman and Michael A. Dikun, contend that the lower court improperly instructed the jury that an unlawful arrest is not a defense to the crime of aggravated assault on a police officer.1 Further, appellants contend that they are entitled to a new trial on the charge of recklessly endangering another person

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