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COM. v. SHOWALTER

275 Pa.Super. 1 (1980)

418 A.2d 580

COMMONWEALTH of Pennsylvania v. Elta SHOWALTER, Appellant.

Superior Court of Pennsylvania.

Filed February 6, 1980.

Attorney(s) appearing for the Case

Ross E. Cardas, Assistant Public Defender, Mercer, for appellant.

David B. Douds, Assistant District Attorney, Mercer, for Commonwealth, appellee.

Before VAN der VOORT, SPAETH and WATKINS, JJ.

VAN der VOORT, Judge:

Appellant Elta Showalter was charged with aggravated assault1 as a result of an altercation with Mrs. Stella K. on October 16, 1977. The subject of the altercation was Mrs. K.'s husband. Appellant was tried by a jury, was found guilty of simple assault,2 and took this direct appeal to our Court. The sole issue for our consideration is whether the lower court erred in refusing to charge...

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