Commonwealth v. Lowary

Opinion

per Curiam,

The six judges who heard this appeal being equally divided, the Judgment of sentence is affirmed.

Opinion by

Spaeth, J.,

In Support op Reversal :

Appellant was convicted of pointing a firearm in violation of the Act of June 24, 1939, P. L. 872, §716, 18 P.S. §4716 (now repealed by Act of December 6, 1972, P. L. 1482, No. 334, §5, and not recodified), which provides: “Whoever playfully or wantonly points or discharges a gun, pistol, or other firearm at any other person, is guilty of a misdemeanor... .” WTiat appellant pointed was a spring-activated hand gun that shoots small…