Commonwealth v. Bailey

CERCONE, Judge:

Appellant was convicted after a jury trial of simple assault. Post-trial motions were filed, argued and denied. Appellant was sentenced to one year of probation and fined $100.00 and directed to pay the costs of prosecution and make restitution. From the judgment of sentence appellant has filed this appeal raising two issues. Before addressing appellant’s contentions a factual review of the case is necessary.

Paula Kiehl was in a barroom, waiting for her boyfriend, Glen Kuhns. According to the prosecution’s witnesses, after Kuhns arrived appellant David Bailey and a friend of…