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COMMONWEALTH v. BALL

No. 23 MAP 2015.

146 A.3d 755 (2016)

COMMONWEALTH of Pennsylvania, Appellant v. James Arthur BALL, III, Appellee.

Supreme Court of Pennsylvania.

Decided: September 28, 2016.

Reargued: May 10, 2016.

Attorney(s) appearing for the Case

David James Freed, Esq. , Charles John Volkert Jr., Esq. , Cumberland County District Attorney's Office, for Appellant.

Joseph Dominick Caraciolo, Esq. , Foreman, Foreman & Caraciolo, P.C., Karen Lynn DeMarco, Esq. , Foreman & Caraciolo, P.C., for Appellee.

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, JJ.

OPINION

James Arthur Ball III was charged with and tried for a summary offense before a Magisterial District Judge ("MDJ"). The MDJ convicted Ball of a lesser included offense, implicitly acquitting him of the greater charged offense. Ball appealed his conviction to the court of common pleas ("the...

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