Commonwealth v. Showalter

VAN der VOORT, Judge:

Appellant Elta Showalter was charged with aggravated assault 1 as a result of an altercation with Mrs. Stella K. on October 16, 1977. The subject of the altercation was Mrs. K.’s husband. Appellant was tried by a jury, was found guilty of simple assault, 2 and took this direct appeal to our Court. The sole issue for our consideration is whether the. lower court erred in refusing to charge the jury on harassment, 3 a crime which appellant argues is a lesser included offense of assault.

At the trial, the victim, Mrs. Stella K., testified that on the evening of October 16,…