Com. v. Ritchey

1 Citing case

  1. Com. v. Ferrari

    406 Pa. Super. 12 (Pa. Super. Ct. 1991)   Cited 24 times
    Stating that an instruction on a lesser-included offense is warranted "only where the evidence in the record would permit the jury to find, rationally, the defendant guilty of the lesser[-]included offense but not the greater offense."

    With regard to aggravated assault as defined in § 2702(a)(4), the determination has already been made. In Commonwealth v.Ritchey, 313 Pa. Super. 238, 242, 459 A.2d 828, 830 (1983), this Court held that because the "with a deadly weapon" provision of § 2702(a)(4) is not found in § 2702(a)(1), the former is not a lesser included offense of the latter. Appellant attempts to distinguish Ritchey from the case before us by noting that a deadly weapon, the handgun, was involved in the present case.