Commonwealth v. McCarty

SPAETH, Judge:

This is an appeal from judgment of sentence for criminal attempt1 and aggravated assault.2 Appellant argues that the Commonwealth’s evidence was insufficient because it failed to prove that the criminal acts occurred in Armstrong County; that when his trial counsel failed in his closing argument to anticipate certain points made by the Common*104wealth in its closing argument, the lower court abused its discretion in refusing to give counsel an opportunity to rebut the Commonwealth’s argument; and finally, that the lower court’s instructions to the jury on the defense of…