COM. v. McINTOSH


258 Pa.Super. 101 (1978)

392 A.2d 704

COMMONWEALTH of Pennsylvania v. John R. McINTOSH, Appellant.

Superior Court of Pennsylvania.

Decided October 20, 1978.


Attorney(s) appearing for the Case

John W. Packel, Assistant Public Defender, and Benjamin Lerner, Defender, Philadelphia, for appellant.

Deborah E. Glass, Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, Philadelphia, for Commonwealth, appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.


JACOBS, President Judge:

Appellant was charged with simple assault, aggravated assault, and recklessly endangering another person after he allegedly hit eighteen month old Donita Everett in the mouth with a shoe. We reverse the judgment of sentence and grant appellant a new trial.

The only witness at appellant's trial was Betty Jean Everett, Donita's mother and appellant's girlfriend. She had no personal knowledge concerning Donita's injury and could testify...

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