Commonwealth v. Stots

Opinion by

Cercone, J.,

This appeal arises from a conviction of the appellant by the trial court sitting without a jury, of “willfully and wantonly pointing [or discharging] a firearm.” Act of June 21, 1939, P. L. 872, §716, 18 P.S. §1716. The appellant argues that the trial court erred in finding him guilty under the indictment since it charged him with “attempt with intent to kill,” and not with “willfully and wantonly pointing [or discharging] a pistol.” Thus the appellant argues that the crime for which he was convicted is not a “lesser included offense.” Specifically, the appellant argues,…