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· 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 CourtListener

Sourced 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.