Commonwealth v. Hess

DOWLING, Judge:

Appellant, Robert Hess, was tried before a judge and jury and found guilty of simple and aggravated assault, recklessly endangering another person, terroristic threats, and unlawful restraint, all committed against his wife. Appellant has filed this appeal following denial of post conviction motions.

The first issue relates to the trial court’s exclusion of evidence of the appellant’s inebriated condition at the time the criminal offenses were committed. He admits that the exclusion was dictated by statute, specifically 18 Pa.C. S.A. § 308 of the Crimes Code, 1 but contends that…