Commonwealth v. Emmons

157 Pa. Super. 495 (1945), 43 A.2d 568 (1945)

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Commonwealth v. Emmons

Superior Court of Pennsylvania
157 Pa. Super. 495 (1945), 43 A.2d 568 (1945)

Facts

Edward Gray was sent to Mildred Emmons’ (defendant) second-floor apartment to repossess a Chevrolet vehicle that Emmons had defaulted on. After knocking on Emmons’ door and also ringing the door bell, Gray and another went down to the street where Emmons’ vehicle was located and pushed it onto a street. Gray raised the vehicle’s hood to check the serial numbers and was shot in the leg by Emmons. When interviewed by the police, Emmons said she believed the men were stealing her vehicle and did not aim at or intend to shoot anyone. Emmons was charged with assault and battery with intent to murder, aggravated assault and battery, and simple assault and battery. A jury convicted Emmons of aggravated assault and battery. Emmons appealed.

Rule of Law

Issue

Holding and Reasoning (Arnold, J.)

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