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COMMONWEALTH v. FALLON

No. 337 of 1985.

39 Pa. D. & C. 3d 291 (1985)

Commonwealth v. Fallon

Common Pleas Court of Erie County, Pennsylvania.

December 19, 1985.

Attorney(s) appearing for the Case

James Blackwood, assistant district attorney, for the Commonwealth.

Christine D. Chase, for defendant.

NYGAARD, J., December 19, 1985.

Defendant Gary Fallon was convicted by a jury of simple assault and has now filed a motion for a new trial and in the alternative, a motion for arrest of judgment. For the reasons which follow we grant the latter.

An examination of the facts in the light most favorable to the verdict winner, the Commonwealth, reveals the following:

Eugene Walczak, an official from the Children's Services of Erie County, visited...

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