Superior Court 9/12/2008 - COMMONWEALTH OF PENNSYLVANIA v. LILI MARARITA WINGER

COMMONWEALTH OF PENNSYLVANIA v. LILI MARARITA WINGER
No. 2003 MDA 2007 2008 PA Super 211 Atlantic: n/a Filed: 9/12/2008
Appeal from the Order entered October 31, 2007In the Court of Common Pleas of Centre CountyCriminal, No. CP-14-CR-0001508-2007
Before: GANTMAN, SHOGAN, AND KELLY, JJ.
Opinion by: GANTMAN, J.
Appellant, the Commonwealth of Pennsylvania, asks us to determine whether the Centre County Court of Common Pleas erred when it granted habeas corpus relief and dismissed the charge, filed against Appellee, Lili Mararita Winger, of endangering the welfare of children. We hold the trial court erred when it dismissed the charge, because the Commonwealth produced probable cause to establish a prima facie case for that offense. Accordingly, we reverse and remand for further proceedings.

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Superior Court 4/18/08 - COMMONWEALTH OF PENNSYLVANIA v. JUSTIN WEIGLE

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.