COM. v. FRY


341 Pa.Super. 333 (1985)

491 A.2d 843

COMMONWEALTH of Pennsylvania, Appellee, v. Eric Ralph FRY, Appellant.

Supreme Court of Pennsylvania.

Filed March 22, 1985.


Attorney(s) appearing for the Case

Thomas G. Klingensmith, Assistant Public Defender, Lancaster, for appellant.

Joseph C. Madenspacher, Assistant District Attorney, Lancaster, for Commonwealth, appellee.

Before CAVANAUGH, WIEAND and MONTGOMERY, JJ.


WIEAND, Judge:

Does evidence that an eighteen year old defendant placed his arms around a ten year old child and lifted the child from the ground support a conviction for simple assault in violation of 18 Pa.C.S. § 2701(a)(3)? We hold that it does not. Therefore, we reverse the judgment of sentence and discharge the defendant.

On March 11, 1983, a ten year old female child was walking to school with...

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