COM. v. RUSSELL


261 Pa.Super. 161 (1978)

395 A.2d 1365

COMMONWEALTH of Pennsylvania v. Terry RUSSELL, Appellant.

Superior Court of Pennsylvania.

Decided December 20, 1978.


Attorney(s) appearing for the Case

Michael R. Cauley, Assistant Public Defender, Erie, for appellant.

S. Connelly, Assistant District Attorney, Erie, for Commonwealth, appellee.

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


VAN der VOORT, Judge:

Appellant was convicted, in a jury trial, of aggravated assault. Post-trial motions were timely filed and denied, and he was sentenced to 11½ to 23 months. This appeal followed.

The incident that gave rise to the charges occurred on February 7, 1976. Thomas Gusky (the victim) and Mary Lewis returned to their apartment at about 2:30 or 3:00 A.M. Loud music was coming from the apartment below, where appellant lived. Ms. Lewis tapped...

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