COM. v. DIAMOND


268 Pa.Super. 326 (1979)

408 A.2d 488

COMMONWEALTH of Pennsylvania v. Joseph DIAMOND, Appellant.

Superior Court of Pennsylvania.

Filed August 3, 1979.


Attorney(s) appearing for the Case

John W. Packel, Assistant Public Defender, Chief, Appeals Division, Philadelphia, for appellant.

Eric B. Henson, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before PRICE, SPAETH and WATKINS, JJ.


SPAETH, Judge:

Appellant was tried in municipal court before Judge KREMER and was found guilty of simple assault. He was sentenced to two years probation. On writ of certiorari Judge MIRARCHI sustained the judgment of sentence. This appeal followed.

The Commonwealth's witnesses testified as follows: On February 9, 1977, at approximately 4:00 a.m., Officer Daniel Hinds of the Philadelphia police was driving home from an evening of pinochle. He was off-duty...

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