Commonwealth v. LaRosa

CERCONE, President Judge:

This is an appeal from a conviction for aggravated assault. The primary question presented is whether Commonwealth v. Bennett, 224 Pa.Super. 238, 303 A.2d 220 (1973) and its progeny preclude a finding of guilt beyond a reasonable doubt where the evidence of guilt adduced at trial consists mainly of the victim’s out-of-court inculpatory “excited utterance,” when at trial the victim cannot recall either making the statement or the accuracy of its content. The lower court reasoned that Bennett does not prevent a conviction for assault where the declarant’s in-court…