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COMMONWEALTH PENNSYLVANIA v. ROBERT EARL JONES (01/04/80)

filed: January 4, 1980.

COMMONWEALTH OF PENNSYLVANIA
v.
ROBERT EARL JONES, APPELLANT



No. 1252 October Term, 1978, Appeal from an Order of the Court of Common Pleas of Chester County, Criminal, No. 1452 of 1977.

COUNSEL

Janet Mason, Assistant Public Defender, West Chester, for appellant.

Joan D. Lasensky, Assistant District Attorney, West Chester, for Commonwealth, appellee.

Hester, Hoffman and Catania, JJ.*fn*

Author: Hester

[ 274 Pa. Super. Page 166]

Appellant Robert Earl Jones brings this appeal from an Order denying a pre-trial application to quash a Bill of Information on the ground of double jeopardy. We affirm the Order and remand for trial.

By a single Information dated September 7, 1977, the District Attorney of Chester County charged appellant with two counts of rape, one count of indecent assault, and three counts of simple assault, all evolving from an incident with the victim, a middle-aged woman, on the afternoon of August 17, 1977. The six counts charged substantially as follows:

Count One: Rape by forcible compulsion. 18 Pa.C.S.A. § 3121(1)

Count Two: Rape by threat of forcible compulsion. § 3121(2)

Count Three: Indecent Assault. § 3126(1)

Count Four: Simple Assault by causing or attempting to cause bodily injury. § 2701(a)(1)

Count Five: Simple Assault by negligently causing bodily injury with a deadly weapon. § 2701(a)(2)

Count Six: Simple Assault by putting another in fear of serious bodily injury through ...


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