Commonwealth v. Thompson
Superior Court of Pennsylvania
Appeal, No. 1, April T., 1920, from judgment of Q. S. Beaver County, Sept. Sessions, 1918, No. 18, on verdict of guilty in the case of Commonwealth v. R. D. A. Thompson. Indictment for playfully or wantonly pointing a pistol. Before Baldwin, P. J. The facts are stated in the opinion of the Superior Court. Verdict of guilty upon which, judgment of sentence was passed.
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Appeal, No. 1, April T., 1920, from judgment of Q. S. Beaver County, Sept. Sessions, 1918, No. 18, on verdict of guilty in the case of Commonwealth v. R. D. A. Thompson. Indictment for playfully or wantonly pointing a pistol. Before Baldwin, P. J. The facts are stated in the opinion of the Superior Court. Verdict of guilty upon which, judgment of sentence was passed. Errors assigned were the refusal to give binding instructions in favor of the defendant, and the charge of the court as quoted in the opinion of the Superior Court.
1Opinion of the Court
Opinion by
Keller, J.,
The defendant was convicted of having violated the provisions of the Act of May 8, 1876, P. L. 146, by playfully or wantonly pointing a pistol at the prosecutor, J ames Umstead. The first assignment of error is directed to the refusal of the court below to give binding instructions in favor of the defendant because the evidence of the Commonwealth showed the alleged pointing of the pistol was not done playfully. The act forbids the pointing or discharge of a gun, pistol or other firearm at any other person playfully or wantonly. We are not to assume that the legislature…
2Cited by3 opinions
- Commonwealth v. DevenneySuperior Court of Pennsylvania · 1931
- Commonwealth v. AnspachSuperior Court of Pennsylvania · 1936
- Commonwealth v. WhildinSchuylkill County Court of Quarter Sessions · 1931