concurring and dissenting.
I join the majority in its affirmance of the adjudication of delinquency based on the aggravated assault. I dissent to the vacation of the finding of guilt as to resisting arrest. In conformity with the principles set forth by our Supreme Court in Commonwealth v. McCullum, 529 Pa. 117, 602 A.2d 313 (1992), the Commonwealth as verdict winner is entitled to have this Court determine whether the evidence, and all reasonable inferences drawn therefrom, in a light most favorable to the Commonwealth, is sufficient to establish the elements of the crime. I fail to see the logic in the majority’s reasoning that permits the finding of aggravated assault because the police officer is attempting to subdue a suspect in the performance of his duty yet finds the same behavior is not the basis of a resisting arrest charge. The performance of the officers’ duty was an attempt to subdue the appellant to effect an arrest. Under a myriad of cases such a forceful attempt to take control of appellant would be construed as an arrest or at least a taking into custody and would result in suppression of any statement obtained from the person without providing Miranda warnings. To say this was not a lawful arrest or discharging any other duty is to ignore the realities of modern police duties. This Opinion imposes a burden on police which revisions of 18 Pa.C.S. § 5104, Resisting arrest or other law enforcement, attempted to alleviate. We cannot ask the police to vigorously pursue activity of a suspicious nature relying on their street expertise then move to limit the results of their reasonable actions. I would affirm the trial court.
CAVANAUGH, J., joins.