Commonwealth v. Emler

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• instructing that there must be evidence of immediate necessity to recover property for jury instruction
• holding evidence sufficient to sustain conviction for simple assault where defendant pinned victim to ground and vigorously choked him, causing soreness to neck and shoulders
• holding evidence sufficient to sustain conviction for simple assault where defendant pinned victim to ground and vigorously choked him, causing soreness to neck and shoulders
• stating that as a reviewing court, we may not re-weigh the evidence, substitute our judgment for that of the factfinder, or usurp the factfinder’s prerogative to make credibility determinations and accept all, part, or none of the evidence
• finding sufficient evidence of simple assault where the defendant \vigorously and forcefully\ the victim, causing the victim to feel pain for several weeks
• finding sufficient evidence of harassment where defendant “grabbed [the victim] from behind in a choking hold, pinned him to the ground with his heavier body, and struggled with him for control of a loaded shotgun”

Source: CourtListener parenthetical corpus (CC0).