Commonwealth v. Smith

WIEAND, Judge:

Daryll Smith was tried by jury and convicted of aggravated assault 1 in connection with the beating of a patron of a nightclub where Smith worked as a “bouncer.” Following denial of post-verdict motions, Smith was sentenced to imprisonment for not less than six months nor more than five years, less one day. On direct appeal from the judgment of sentence, Smith contends that the trial court erred when it: (1) refused to permit evidence, by direct or cross-examination, of the victim’s involvement in an altercation at another tavern earlier the same night; (2) instructed the jury…