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Commonwealth v. Ostolaza

Citations

  • 406 A.2d 1128
  • 267 Pa. Super. 451
  • 1979 Pa. Super. LEXIS 2527

How courts have described this case

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

  • holding evidence insufficient to support conviction for robbery under Section 3701(a)(1)(ii) where the defendant grabbed the victim’s wallet and the victim resisted, causing “a brief tug of war over the wallet”
  • stating in dicta that defendant who grabbed a wallet out of the victim’s hand resulting in a brief tug-of-war for the wallet could have been charged and convicted of robbery under section 3701(a)(l)(v)
  • finding “brief tug of war over the wallet” coupled with victim’s testimony she was “afraid” was insufficient to conclude defendant intentionally placed victim in fear of serious bodily injury
  • physically wrestling wallet from victim insufficient to show intent to put victim in fear of serious bodily injury
  • upon an indictment for a particular crime, a defendant may be convicted of a lesser offense included within it
  • physically wrestling wallet from victim insufficient to show intent to put victim in fear of serious bodily injury

Source: CourtListener parenthetical corpus (CC0).

Judges: Cercone, Spaeth and Lipez

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.