(DOWNLOAD) "Commonwealth Pennsylvania v. Wilfredo" by Superior Court of Pennsylvania " eBook PDF Kindle ePub Free
eBook details
- Title: Commonwealth Pennsylvania v. Wilfredo
- Author : Superior Court of Pennsylvania
- Release Date : January 21, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
OPINION BY KELLY, J.: FILED February 21, 1995 In this appeal, we must determine whether a prima facie case of aggravated assault 1 can be established by the Commonwealth against a person who fires eight bullets at the front door of an empty residence. After careful consideration, we hold that a prima facie case can be established because it is possible for the Commonwealth to present evidence supporting each element of aggravated assault against such a person. Specifically, a person who discharges a weapon into an empty residence can commit an aggravated assault if he possesses the requisite intent to cause serious bodily injury or bodily injury via the use of a deadly weapon to another, even though it is impossible for that person to actually cause such injury because of the absence of a person inside the residence. Therefore, we reverse the trial court's quashal of the aggravated assault charge leveled by the Commonwealth against appellee, Wilfredo Lopez, and reinstate that charge against him.