Commonwealth v. Dever

Sloane, J.,

— Defendant was convicted of assault and battery and aggravated assault and battery. He filed a motion for a new trial principally on the ground that the charge was not legally supported by the evidence. The motion should be dismissed.

The offense took place at the northwest corner of Broad and Jefferson Streets in Philadelphia at about 2:30 a.m. The prosecutor had stopped his car on the west side of Broad Street, facing south, about thirty feet north of the Jefferson Street intersection, and about three feet from the curb. The prosecutor left his lights on, got out of his car and…