Commonwealth v. Frisbie ( 1984 )

ZAPPALA, Justice,

concurring.

I join in the Opinion of the Court. I would emphasize, however, that the number of counts under Section 2705 which might arise out of a single act is tied, as a matter of logic, to the number of persons placed in danger of death or serious bodily injury, not to the number of persons actually killed or seriously injured. As a matter of practical application, however, given the difficulties to be encountered in trying to prove beyond a reasonable doubt that a person was in danger of injury although he was not in fact injured, it is to be anticipated that the Commonwealth, as here, will exercise its discretion so as to prosecute only those counts as to which the danger of death or serious injury is supported by evidence of actual death or injury.