Commonwealth v. Harris

WIEAND, Judge:

William Robert Harris was charged by criminal information with committing the crimes of robbery in violation of 18 Pa.C.S. § 3701(a)(1)® and aggravated assault in violation of 18 Pa.C.S. § 2702(a)(1). At trial, Harris requested and received from the trial court a jury instruction on simple assault as defined at 18 Pa.C.S. § 2701(a)(1). The jury found Harris not guilty of robbery but guilty of simple assault. It was unable to reach a verdict on the charge of aggravated assault, and with respect thereto the trial court declared a mistrial. When the Commonwealth attempted to retry…