Commonwealth v. Banks

50 Pa. D. & C.3d 585, 1988 Pa. Dist. & Cnty. Dec. LEXIS 112
CourtPennsylvania Court of Common Pleas, Montgomery County
DecidedDecember 16, 1988
Docketno. 1769-88
StatusPublished

This text of 50 Pa. D. & C.3d 585 (Commonwealth v. Banks) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Montgomery County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Banks, 50 Pa. D. & C.3d 585, 1988 Pa. Dist. & Cnty. Dec. LEXIS 112 (Pa. Super. Ct. 1988).

Opinion

SUBERS, J.,

This case arises out of defendant, Girard Banks’ petition to dismiss all charges indexed at 1769-88. Defendant argued that the instant prosecution is barred by the previous prosecution for related charges. We agreed and dismissed all charges. The commonwealth appeals.

FACTS

On January 15, 1988, defendant pled guilty to simple assault as a result of an incident on August [586]*58610, 1987, when defendant had an argument with his live-in girlfriend, Patricia Martein. This case is indexed at 4074-87. As a result of the incident on August 10, defendant was sentenced to two years probation, a $400 fine and $120 restitution to Martein for a contact lens. Four days later, on January 19, 1988, Martein filed the instant private criminal complaint against defendant indexed at 1769-88. . This complaint, approved by the district attorney’s office, charges three counts of simple assault and two counts of aggravated assault arising out of three incidents occurring on October 10, 1986, March 31, 1987 and April 19, 1987. At the preliminary hearing held on April 12, 1988, Martein testified about these assaults as well as the one on August 10, 1987^ and explained that she had a long-term relationship with defendant beginning in July of 1983 and lasting until August 7, 1987. On cross-examination Martein admitted that it was on August 10, 1987, after the relationship had ended, that she began to pursue the charges of assault against her former boyfriend, defendant Girard Banks.

ISSUE

Whether the compulsory joinder provisions of section 110 of the Pennsylvania Crimes Code, Title 18 Pa.C.S. § 110 bars the prosecution of the instant charges, indexed at 1769-88.

DISCUSSION

Section 110 of the Pennsylvania Crimes Code

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Related

Commonwealth v. Fries
523 A.2d 1134 (Supreme Court of Pennsylvania, 1987)
Commonwealth v. Campana
304 A.2d 432 (Supreme Court of Pennsylvania, 1973)
Commonwealth v. Hude
458 A.2d 177 (Supreme Court of Pennsylvania, 1983)
Commonwealth v. Flenory
504 A.2d 1341 (Supreme Court of Pennsylvania, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
50 Pa. D. & C.3d 585, 1988 Pa. Dist. & Cnty. Dec. LEXIS 112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-banks-pactcomplmontgo-1988.