Commonwealth v. DiValerio

SPAETH, Judge:

This is an appeal from a judgment of sentence for simple assault, 1 aggravated assault, 2 and recklessly endangering another person. 3

The Commonwealth’s evidence may be summarized as follows. On the evening of February 21, 1979, appellant telephoned his mother and asked her to drive him home from a bar in Bristol. His mother refused, which led to an argument between her and appellant. Approximately one hour later, appellant entered his mother’s apartment, grabbed her by the throat, and pushed her onto a chair. He then punched her in the nose and ripped her sweater, and when she…