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Commonwealth v. Simmons

Supreme Court of Pennsylvania, Western District

September 17, 2013

COMMONWEALTH OF PENNSYLVANIA, Respondent
v.
ERNEST SIMMONS, Petitioner

Petition for Allowance of Appeal from the Order of the Superior Court.

ORDER

PER CURIAM

AND NOW, this 17th day of September, 2013, the Petition for Allowance of Appeal is GRANTED. The issue, as stated by petitioner, is:

Whether the evidence presented at the probation violation hearing sufficed to prove by a preponderance of the evidence the violation of probation, viz, the general condition of refraining from assaultive behavior, inasmuch as the threats were not communicated to the object, nor was any action taken to implement the threats.

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