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Commonwealth v. Marti

Dismissal of aggravated assault charge reversed and case remanded for trial because Commonwealth presented evidence sufficient to establish a prima facie case.

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� 1 This is an appeal by the Commonwealth from the Order of the Court of Common Pleas of Lancaster County dismissing the charge of aggravated assault against the Appellee, Ramon Jose Marti, based upon a lack of prima facie evidence of a bodily injury. We reverse and remand for trial.

� 2 The facts and procedural history may be summarized as follows. On November 21, 1999, Sergeant Thomas Weber, of the Lancaster City Bureau of Police, arrested Appellee for aggravated assault upon a police officer after having been punched in the jaw by Appellee while responding to a domestic dispute. Following a preliminary hearing on December 13, 1999, Appellee was held over for court. An information was filed on January 10, 2000 and formal arraignment waived. On August 1, 2000, after two trial continuances, Appellee filed an Omnibus Pre-trial Motion, which included a motion to dismiss. Certified record at 9. In his motion to dismiss, he averred that “[t]he Information does not designate any facts to support the issue of whether Sergeant Weber sustained a bodily injury, as that term is defined under current case law,” and he further averred that “[t]he Information does not designate any facts to support the issue of whether the [Appellee] attempted to cause a bodily injury,” so as to support the charge of aggravated assault. Id. at

� 2(c) and (d). *fn1

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