Commonwealth v. Price

DEL SOLE, Judge:

The Commonwealth appeals an order refusing to lift a nolle prosequi in this aggravated assault case. We reverse the trial court’s order and remand for trial.

Appellee Eugene Price was charged with aggravated assault, recklessly endangering another person, possessing an instrument of crime and firearms violations. During a fight, Price shot Donald Williams in the leg and face. Williams’ mother and brother witnessed the shooting.

At the preliminary hearing on February 2, 1994, only Williams’ brother testified and Price was held for court. On February 23,1994, the Defender…