Commonwealth v. Lowary

OPINION OF THE COURT

MANDERINO, Justice.

The only issue involved in this appeal is whether a spring-activated hand gun which shoots small steel pellets (commonly called B-B-s), is a “firearm” within the meaning of Section 716 of the Penal Code, Act of June 24, 1939, P.L. 872,18 P.S. § 4716. The statute proscribes the pointing of “a gun, pistol or other firearm at any other person.” (Emphasis added.)

The Superior Court, being equally divided, affirmed appellant’s conviction for violation of Section 716. Commonwealth v. Lowary, 226 Pa.Super. 115, 313 A.2d 317 (1973). Judge Spaeth wrote an opinion…