Commonwealth v. Ackerman

Opinion by

Price J.,

On August 5, 1974, the lower court, sitting without a jury, adjudged defendant-appellant Lorenz F. Ackerman guilty of felonious restraint, 1 simple assault, 2 and criminal conspiracy. 3 Because the lower court erred in convicting appellant of unlawful restraint, the judgment of sentence of the lower court as to that charge alone must be reversed.

The facts, read in a light most favorable to the verdict-winner, Commonwealth v. Porter, 229 Pa. Superior Ct. 314, 323 A.2d 128 (1974), are as follows: On the afternoon of December 7, 1973, appellant and his co-defendant, Angelo…