COMMONWEALTH OF PENNSYLVANIA v. JUSTIN WEIGLE
No. 119 EDA 2007 2008 PA Super 69 Atlantic: n/a Filed: 4/18/2008
Appeal from the Order entered December 19, 2006 in the Court of Common Pleas of Philadelphia County, Criminal Division, at No. 0606-0421 1/1.
Before: STEVENS, ORIE MELVIN and COLVILLE, JJ.
Opinion by: ORIE MELVIN, J.
Dissenting Opinion by: STEVENS, J.
This is a Commonwealth appeal from the Order granting a motion to quash robbery charges that were included in informations filed following a preliminary hearing wherein the robbery charges were previously discharged against Appellee, Justin Weigle, for failure to establish a prima facie case. The question presented by this appeal concerns whether or not robbery is a separate non-cognate offense to the crimes held over at the preliminary hearing. We find that it is and, therefore, affirm.
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