Commonwealth v. Brown

VAN der VOORT, Judge:

Defendant has appealed from convictions by the trial judge and sentencing for:

1. Assault and battery upon George Bitting, Third Count;

2. Assault and battery on Police Officer Adams, Second Count;

3. Obstructing an officer in the performance of his duties, Fifth Count.

After post-trial motions were dismissed, the Court imposed a sentence of imprisonment for not less than lF/2 nor more than 23 months on the Third Count; suspended sentence on the Second Count provided the defendant pay restitution; and stated there was a “merger” of the Fifth Count and imposed no sentence as…