Commonwealth v. Tate

SMITH, J.,

Defendant, Timothy R. Tate, is a teacher employed by the Spring Cove School District. He is charged with simple assault1 and harassment2 as a result of a paddling he administered to a student on May 22, 1987, during the course of the school day.

Following a preliminary hearing on July 20, 1987, the district justice found that the commonwealth *606had established a prima facie case as to both charges and returned this matter to the court of common pleas. Counsel for defendant has filed an omnibus pre-trial motion in which he seeks to quash the information filed by the district attorney of…