Commonwealth v. Summers

VAN der VOORT, Judge:

These are two appeals in criminal charges against two defendants, tried together in the lower court, and consolidated in our court for argument and disposition.

Both appellants were found guilty by a jury of aggravated assault and possession of an instrument of crime, and acquitted of robbery and conspiracy.

The evidence adduced at the trial indicated that both defendants and a third man made an aborted effort to rob a billiard parlor operated by one James Cleveland. The three fled into the street pursued by Cleveland carrying an unloaded shot gun. Cleveland’s son, James…