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COM. v. SMITH

No. 2668 Eastern District Appeal 2005.

955 A.2d 391 (2008)

COMMONWEALTH of Pennsylvania, Appellant v. William SMITH.

Superior Court of Pennsylvania.

Filed August 6, 2008.

Attorney(s) appearing for the Case

Mary L. Huber, Asst. Dist. Atty., for Com., appellant.

Daniel P. Aiva, Philadelphia, for appellee.

BEFORE: FORD ELLIOTT, P.J., STEVENS, ORIE MELVIN, BENDER, BOWES, GANTMAN, PANELLA, DONOHUE, and ALLEN, JJ.

OPINION BY FORD ELLIOTT, P.J.:

¶ 1 The Commonwealth appeals from the order entered August 18, 2005 in the Court of Common Pleas of Philadelphia County dismissing its case against William Smith ("Smith"). Smith was charged with aggravated assault, criminal mischief, fleeing police officers, possession of an instrument of crime, recklessly endangering another person, and simple assault1 based upon an incident which occurred on August...

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