COM. v. FLECK


372 Pa.Super. 546 (1988)

539 A.2d 1331

COMMONWEALTH of Pennsylvania v. Barry FLECK, Appellant.

Supreme Court of Pennsylvania.

Filed April 4, 1988.


Attorney(s) appearing for the Case

Andrew F. Schneider, Langhorne, for appellant.

Janice Zerbe, Assistant District Attorney, Doylestown, for Com., appellee.

Before CIRILLO, President Judge, and BROSKY and BECK, JJ.


BECK, Judge:

The bill of information charged appellant with simple assault, 18 Pa.Cons.Stat.Ann. § 2701(a)(1) (Purdon 1983), and listed the grade as a second degree misdemeanor. The evidence at trial established that appellant and the complainant engaged in a scuffle at a crowded bar. The complainant testified that appellant punched him without any provocation. Appellant, on the other hand, testified that he punched the complainant in self-defense after the complainant...

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