The following is the court transcript. The question is this; Did the judge afirm or deny the motion to amend the charge to an m1 from an m2? Wht is a 12.313?
This transcript is from a case in 2002 in the court of common pleas in philadelphia pennsylvania.
6 MS. BRET: Yes, and that is still
7 an outstanding issue, but that's for the Court
8 to decide. I made a motion at the beginning,
9 before, I think, right before the 600 Motion to
10 amend the complaint to an M-1.
11 I think you held it under advisement.
12 THE COURT: Any reargument on that?
13 MS. TAYLOR: Your Honor, I would just
14 argue that it was charged as an M-2, should
15 stay as an M-2.
16 THE COURT: All right. I'm going to allow
17 them -- all right. I'm inclined not to give
18 this charge and, first of all, it's at the
19 court's discretion; secondly, it would apply
20 where there's little or no evidence that
21 corroborates the testimony of the victim, and
22 there is evidence here that tends to
23 corroborate her testimony.
24 So, I'm going to deny the Commonwealth's
25 request for 12.313 the charge.
This transcript is from a case in 2002 in the court of common pleas in philadelphia pennsylvania.
6 MS. BRET: Yes, and that is still
7 an outstanding issue, but that's for the Court
8 to decide. I made a motion at the beginning,
9 before, I think, right before the 600 Motion to
10 amend the complaint to an M-1.
11 I think you held it under advisement.
12 THE COURT: Any reargument on that?
13 MS. TAYLOR: Your Honor, I would just
14 argue that it was charged as an M-2, should
15 stay as an M-2.
16 THE COURT: All right. I'm going to allow
17 them -- all right. I'm inclined not to give
18 this charge and, first of all, it's at the
19 court's discretion; secondly, it would apply
20 where there's little or no evidence that
21 corroborates the testimony of the victim, and
22 there is evidence here that tends to
23 corroborate her testimony.
24 So, I'm going to deny the Commonwealth's
25 request for 12.313 the charge.
