Commonwealth v. Palmer

• Decision Date: 21 June 1974
• Citation: 229 Pa.Super. 1,323 A.2d 69
• Parties: COMMONWEALTH of Pennsylvania v. Robert PALMER, Appellant.
• Court: Pennsylvania Superior Court

323 A.2d 69

229 Pa.Super. 1

COMMONWEALTH of Pennsylvania v. Robert PALMER, Appellant.

Superior Court of Pennsylvania.

June 21, 1974.

PRICE, Judge.

This is a direct appeal by Robert Palmer, following his conviction by a jury on two counts of aggravated assault and battery on a police officer. Post trial motions for new trial and in arrest of judgment were denied and appellant was sentenced to not less than 1 1/2 years nor more than 5 years in prison with credit for time spent in jail awaiting trial.

It is the contention of the appellant that the evidence is insufficient to support his conviction. Reviewing the evidence in the light most favorable to the verdict winner, as we must Commonwealth v. Portalatin, 223 Pa.Super. 33, 297 A.2d 144 (1972), we find his contention to be without merit and will affirm the judgment of sentence.

The facts of the case, from such a review, are that on May 3, 1972, at 11:16 p.m., police officers of the Farrell Police Department received a call reporting a disturbance at the David James Hotel in Farrell. Three officers arrived in two cruisers with Captain Madasz arriving first and Officers Linonis and Popadak following shortly thereafter. They encountered a large crowd standing outside the doorway of the hotel.

Captain Madasz entered the bar and saw two men at the rear, fighting. One man held a cue stick, which Captain Madasz took from him. He advised the man, a Mr. Odem, that he was under arrest and took him into custody. The other combatant, a Mr. Brooks, was also placed under arrest at that time by Officer Popadak, who had just arrived at the scene. Mr. Odem submitted peacefully, but Mr. Brooks swung his arms and kicked at Officer Popadak. While Officer Popadak endeavored to restrain Mr. Brooks, Officer Linois entered the bar and assisted Officer Popadak. Mr. Brooks then assaulted both of these officers before he was subdued.

The policemen then moved toward the door with their prisoners. The crowd which had gathered outside when the fracas ensued still remained, and Captain Madasz saw two men from the crowd throw stones 'approximately the size of a soft ball' (NT 35) at the officers. He saw one of the rocks strike Officer Popadak on the head and one strike Officer Linonis' face with such force that Linonis fell to his knees. Captain Madasz identified the men who threw the rocks as the appellant, Robert Palmer, and a Robert Wright.

Once the officers reached the sidewalk, they were accosted by appellant and Mr. Wright, who demanded to know what was happening and why Brooks was arrested. Appellant and Wright persistently interfered with the officers and succeeded to the extent that the prisoner Brooks escaped. However, Brooks was soon recaptured and placed in a police cruiser, although Palmer and Wright also hampered the officers' ability to accomplish this task.

The Commonwealth offered medical testimony as to the extent of the injuries sustained by Officers Linonis and Popadak. The record reveals that Officer Popadak suffered a laceration and contusion of the left temporal lobe which bled profusely and caused him considerable discomfort. Sutures were required to close the wound, which was the result of Popadak's being hit in the head by the rock hurled at him. Officer Linonis received multiple injuries, none of which required sutures. Linonis testified that he sustained an injury to his mouth when he was kicked by Mr. Brooks. At the time he was kicked, Officer Linonis was kneeling on the ground, having fallen there as a result of the rock striking him in the face. Linonis had lacerations above and below his right eye and swelling and discoloration of the eye which the doctor testified would 'undoubtedly set into something more severe.' (NT 46) Linonis was bleeding from the eye wounds and lip wounds when examined by Doctor Harrer.

The appellant argues that his conviction on two counts of assaulting a police officer, the first with regard to Officer Linonis and the second concerning Officer Popadak, was not justified under the Commonwealth's...