Commonwealth v. Rodriquez

Opinion by

Price, J.,

The question presented to us on this direct appeal is whether the lower court abused its discretion when sentencing appellant to 1-2 years imprisonment and directing him to pay a $500.00 fine plus the costs of prosecution and $18.00 restitution, following his conviction of simple assault and battery.

This case arose from an incident on May 6, 1973, at approximately 10:15 p.m. in Magisterial District 23-3-5, City of Reading, Pennsylvania. At that time, the appellant was being transported from Reading’s City Hall to the Berks County Prison by Constable William I. Huber, the…