Commonwealth v. Simmons, E. - No. (Granted) (petitions for allowance of appeal)

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IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, : No. 1 WAL 2013 : Respondent : : Petition for Allowance of Appeal from the : Order of the Superior Court v. : : : ERNEST SIMMONS, : : Petitioner : 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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