Commonwealth v. Straw

Dissenting Opinion by

Spaeth, J.:

Appellant was tried before a jury on a six count indictment and was acquitted on the first five counts (failure to stop at the scene of an accident; failure to identify himself at the scene of an accident; failure to render assistance; assault; and resisting arrest). He was found guilty of possession of a prohibited offensive weapon, and was sentenced to serve 30 days in prison and to pay a fine of $100. The only issue on appeal is the validity of this sentence.

*539The lower court’s own statements at the sentencing hearing show that appellant was sentenced for the…