Commonwealth v. Fleck

BECK, Judge:

The bill of information charged appellant with simple assault, 18 Pa.Cons.Stat.Ann. § 2701(a)(1) (Purdon 1983), and listed the grade as a second degree misdemeanor. The evidence at trial established that appellant and the complainant engaged in a scuffle at a crowded bar. The complainant testified that appellant punched him without any provocation. Appellant, on the other hand, testified that he punched the complainant in self-defense after the complainant attacked appellant. The trial court decided that the evidence produced at trial would support a jury’s finding that the fight…