Commonwealth v. McCann

POPOVICH, Judge:

This decision is pursuant to an order of remand from the Pennsylvania Supreme Court which reversed the Order of this Court wherein we vacated the judgment of sentence and remanded for a new trial. The Supreme Court reinstated the judgment of sentence imposed upon Robert D. McCann, appellant, by the Court of Common Pleas of Mercer County, after a jury found him guilty of aggravated assault. We herein resolve the remaining issue raised by appellant and affirm the judgment of sentence.

On direct appeal, appellant raised three issues: (1) whether the trial court erred in not…