Commonwealth v. Bilinski

Opinion by

Watkins, J.,

This is an appeal by the defendant appellant, Stephen Bilinski, from his conviction and sentence in the Court of Quarter Sessions of the Peace of Chester County for assault and battery.

The undisputed facts reveal that on Sunday, October 28, 1956, John Kenelly, age 53, a steelworker resident of Phoenixville, Pennsylvania, being in a condition that he described as “half drunk or a little more” was in the Trio Restaurant in Phoenixville having something to eat. At the time, the appellant in company with one John Geri, was riding in the appellant’s automobile. Kenelly knew…