Commonwealth v. Mirra

Opinion by

Hoffman, J.,

Appellant was tried and found guilty of aggravated assault and battery in the Philadelphia Municipal Court and sentenced to one year probation. As of right, pursuant to the provisions of Section 16(r)(iii) of the Schedule to the Judiciary Article of the State Constitution, appellant received a trial de novo in the Court of Common Pleas. He was again found guilty of assault and battery, however his sentence was increased to eighteen months on probation and an order of restitution of $300.

In Commonwealth v. Harper, 219 Pa. Superior Ct. 100, 280 A. 2d 637 (1971), this Court…