Commonwealth v. Bittinger

COFFROTH, P.J.,

This case is here on defendant’s motion in arrest of judgment on the verdict of the trial judge (Coffroth, P.J.) finding defendant guilty of the summary offense of harassment under Crimes Code §2709(1). The motion makes the following contentions:(1) Defendant was entitled to a jury trial, notwithstanding that the offense is classified as summary by the Crimes Code, because at common law the offense was a constituent part of the crimes of assault and battery, misdemeanors triable by jury, and to that extent §2709(1) making it a summary offense is unconstitutional.(2) Since…