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COM. v. NOVAK

388 Pa.Super. 33 (1989)

564 A.2d 988

COMMONWEALTH of Pennsylvania v. John NOVAK, Appellant.

Supreme Court of Pennsylvania.

Filed September 28, 1989.

Attorney(s) appearing for the Case

Chris Rand Eyster, Asst. Public Defender, Pittsburgh, for appellant.

Claire C. Capristo, Asst. Dist. Atty., Pittsburgh, for the Com., appellee.

Before BROSKY, WIEAND and KELLY, JJ.

WIEAND, Judge:

John Novak was tried by a jury and was found guilty of aggravated assault and resisting arrest.1 On appeal from the judgment of sentence,2 he contends that the trial court erred in refusing to give an instruction to the jury on the crime of simple assault. We disagree and affirm.

On November 22, 1987, at approximately 9:50 p.m., Rochelle Brackney, a uniformed police officer, was sitting...

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