concurring and dissenting:
I concur in the remand ordered by the majority for an evidentiary hearing on the issue of ineffectiveness of counsel. I respectfully dissent to the granting of the motion in arrest of judgment on the charge of recklessly endangering another person. I particularly dissent to that part of our opinion which recites what appears to be dictum in the case of Commonwealth v. Trowbridge, 261 Pa.Superior Ct. 109, 114, 396 A.2d 1337, 1340 (1978) as follows: “[I]f the charge was assaulting by pointing a revolver and threatening to shoot, the Commonwealth would have to show that the revolver was loaded.” I believe that when the Commonwealth has proved that a defendant has pointed what appears to be a deadly weapon at another person and threatened to shoot, that such proof is sufficient to support a verdict of recklessly endangering another person. Hence my dissent in Trowbridge.
I would reverse the action of the Court below in arresting judgment on the charge of recklessly endangering another person and remand it along with the other charges in this case for an evidentiary hearing on the claimed ineffectiveness of counsel.