Commonwealth v. McGavin

JOHNSON, Judge:

Appellant, Paul T. McGavin, was convicted of riot 1 and simple assault 2 following trial by jury. He brings this appeal from judgment of sentence on these convictions. For the reasons set forth herein, we reverse the conviction of riot, affirm the conviction on simple assault, and remand for resentencing.

The following facts were brought out at trial. On the evening of July 7, 1980, Constable Frank Stephens, Sr. was summoned from his home by two private citizens, Charles McCarthy and Lancer McMicken [hereinafter McCarthy and McMicken]. Constable Stephens accompanied McCarthy, at…