Commonwealth v. Hammond

HOWARD, Judge.

This is an appeal for a certification of law from an adverse ruling in a criminal trial wherein the circuit court rejected the second-degree assault instruction tendered by the Commonwealth.

An agreed statement of the case was jointly prepared by counsel for both parties and was approved by the trial court pursuant to CR 75.15. The agreed statement indicates trial for first-degree assault was held on September 17,1981, and the following evidence was established:

On January 12, 1980, the victim, William Ready, and the defendant, Bobby Hammond, were playing cards at the home of the…