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COMMONWEALTH v. SMITH

412 Pa. 1 (1963)

Commonwealth v. Smith, Appellant.

Supreme Court of Pennsylvania.

July 2, 1963.

Attorney(s) appearing for the Case

John B. Hannum, with him Theodore O. Rogers, and Pepper, Hamilton & Scheetz, for appellant.

Samuel J. Halpren, District Attorney, for Commonwealth, appellee.

Before MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and KEIM, JJ.

OPINION BY MR. JUSTICE COHEN, July 2, 1963:

This is an appeal from a conviction of simple assault and battery arising out of a fight between appellant and a police officer on a public highway. At appellant's trial, each of the men maintained that the other was the instigator of the altercation. On this key factual issue, two women who were driving on the highway corroborated the police officer's testimony. At this point in the trial, appellant's counsel requested...

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