Commonwealth v. Channell

BROSKY, Judge:

This appeal is from judgment of sentence imposed subsequent to conviction in a trial by jury of Aggravated Assault *443and Recklessly Endangering Another Person. Appellant raises three issues. First, he contends that the trial court erred in refusing to instruct the jury on the lesser included offense of simple assault. Second, he argues that a mistrial should have been granted. Third, he raises the alleged excessiveness of his sentence. Judgment of sentence is vacated on the aggravated assault and reckless endangerment convictions and remanded for a new trial. Appellant does not…