Commonwealth v. McHale

How courts have described this case

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

• explaining that, a showing of “malice” is required to prove aggravated assault under 18 Pa.C.S.A. § 2702(a)(1
• finding the evidence insufficient to support the mens rea required for aggravated assault as the defendant’s conduct was merely negligent when he drove while intoxicated and struck two pedestrians
• finding the evidence insufficient to support the mens rea required for aggravated assault as the defendant’s conduct was merely negligent when he drove while intoxicated and struck two pedestrians
• finding the evidence insufficient to support the mens rea required for aggravated assault as the defendant’s conduct was merely negligent when he drove while intoxicated and struck two pedestrians
• finding evidence insufficient to establish mens rea for aggravated assault when intoxicated defendant, without license or insurance, got in his vehicle after leaving bar, revved the engine, sped out of the parking lot, and hit a parked car and two pedestrians before fleeing the scene
• “Appellant was clearly negligent, but his actions did not rise to the level of recklessness required to support a conviction for aggravated assault.”

Source: CourtListener parenthetical corpus (CC0).