Commonwealth v. Mervin

Opinion by

Hoffman, J.,

Appellant was tried in 1970 on charges of assault with intent to lull, aggravated assault and battery, and assault and battery in connection with a shooting incident which occurred at the Horse and Hound Lounge in West Chester, Pennsylvania. After a trial which lasted from October 13, to October 22, 1970, appellant was acquitted by a jury on all charges.

In his defense at that trial, appellant called four witnesses who testified that they were at the Horse and Hound on the night in question, and that during an argument between appellant and the victim of the shooting, the…