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Criminal Law keyed to Dripps
Commonwealth v. Emmons
Facts
Edward Gray was sent to Mildred Emmons’ (Defendant) second-floor apartment to repossess a Chevrolet vehicle that Defendant had defaulted on. After knocking on Defendant’s door and also ringing the door bell, Gray and another went down to the street where Defendant’s vehicle was located and pushed it onto a street. Gray raised the vehicle’s hood to check the serial numbers and was shot in the leg by Defendant. When interviewed by the police, Defendant said she believed the men were stealing her vehicle and did not aim at or intend to shoot anyone. Defendant was charged with assault and battery with intent to murder, aggravated assault and battery, and simple assault and battery. A jury convicted Defendant of aggravated assault and battery. Defendant appealed.
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