Commonwealth v. Scott

WATKINS, Judge:

This is an appeal by the Commonwealth from an order of the Court of Common Pleas of Philadelphia County, Criminal Division, granting the defendant a new trial on the grounds of after-discovered evidence. The defendant had *442been convicted of two counts of aggravated assault, two counts of reckless endangerment, possession of an instrument of crime and conspiracy on April 25, 1979 after a non-jury trial. He was acquitted of another charge.

On October 22, 1978, Michael Edwards, James Browne, and James Smith were in the process of walking to Browne’s automobile parked nearby a…