Commonwealth v. DiCarlo

Opinion by

Gunther, J.,

This appeal is from the judgment and sentence on a conviction of . assault and battery upon a police officer in Philadelphia. This defendant was tried. to: gether with two co-defendants on charges. of assault and battery arising from an attack upon two- citizens on a public street. DiCarlo was’convicted of'assault and battery on two indictments and he received a suspended sentence oh one conviction and a sentence of sis to twentyJour months,.on the other, from, which, latter sentence he is appealing.

The only question raised is whether there was fundamental error in the…