· 6/29/2001
Commonwealth v. Marti
Citations
- 779 A.2d 1177
- 2001 Pa. Super. 194
- 2001 Pa. Super. LEXIS 1313
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “a simple assault committed against a police officer in the performance of his duties would satisfy the elements of § 2702(a)(3).”
- responding to defense counsel’s assertion, the trial court stated: “All right. It was not a loaded gun.”
- explaining a defendant’s assault on a police officer may warrant a conviction of simple assault under Section 2701(a)(1), and a conviction of aggravated assault under Section 2702(a)(3)
- stating, “The weight and credibility of the evidence are not factors at [the pre-trial] stage, and the Commonwealth need only demonstrate sufficient probable cause to believe the person charged has committed the offense.”
- deliberate punch with a closed fist resulting in “slight swelling and pain” met statutory definition of bodily injury
- “We note that a motion to dismiss is not the proper means by which to test the sufficiency of the Commonwealth’s evidence pre-trial. See Pa.R.Crim.P. 306 (now 578), Comment[.]”
Source: CourtListener parenthetical corpus (CC0).
Judges: Johnson, Melvin, Kelly
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.