Commonwealth v. Kostka

This is an appeal from the judgment of sentence of the Court of Common Pleas, Criminal Division of Union County, Pennsylvania, imposed at No. 107 of 1974. The procedural history and facts relevant to the issues on appeal are as follows:

On June 17, 1974 two officers of the Borough of Lewis-burg Police Department stopped a van in which appellant was a passenger due to the fact that the driver, appellant’s boyfriend, made an illegal “U” turn. He became very upset as he sat in the van while the officer wrote out a citation. He suddenly bolted out of the van with a club in his hand and a struggle…