COM v. MULLINS


445 Pa.Super. 583 (1995)

665 A.2d 1275

COMMONWEALTH of Pennsylvania v. Anthony MULLINS, Appellant.

Superior Court of Pennsylvania.

Filed October 5, 1995.


Attorney(s) appearing for the Case

John W. Packel, Assistant Public Defender, Philadelphia, for appellant.

Kathy L. Echternach, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before CIRILLO, OLSZEWSKI and CERCONE, JJ.


CERCONE, Judge.

This is an appeal from a judgment of sentence entered after the lower court, sitting without a jury, found appellant Anthony Mullins guilty of aggravated assault. After thoroughly considering the issues presented, we vacate the judgment of sentence and remand for a new trial.

The lower court set forth the relevant facts:

On May 3, 1994 at approximately four-forty five p.m. (4:45) Philadelphia Police Officer John McGuire responded to...

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