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COMMONWEALTH v. DISCHMAN

No. 1615 WDA 2017.

195 A.3d 567 (2018)

2018 PA Super 238

COMMONWEALTH of Pennsylvania, Appellant v. Kasey Rose DISCHMAN.

Superior Court of Pennsylvania.

Filed August 29, 2018.

Attorney(s) appearing for the Case

Laura D. Pitchford , Assistant District Attorney, Butler, for Commonwealth, appellant.

Joseph L. Smith , Public Defender, for appellee.

Sara J. Rose , Pittsburgh, for ACLU, amicus curiae.

Susan Frietsche , Pittsburgh, and Margaret H. Zhang , Philadelphia, for Women's Law Project, amicus curiae.

BEFORE: BOWES, J., NICHOLS, J., and STRASSBURGER, J.

The Commonwealth appeals from the order dismissing one count of aggravated assault of an unborn child under 18 Pa.C.S. § 2606(a) against Appellee Kasey Rose Dischman. The Commonwealth claims that the trial court erred in holding that the nonliability provision in 18 Pa.C.S. § 2608(a)(3) barred the Commonwealth's...

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