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COMMONWEALTH v. ALVAREZ

216 Pa.Super. 394 (1970)

Commonwealth, Appellant, v. Alvarez.

Superior Court of Pennsylvania.

June 11, 1970.

Attorney(s) appearing for the Case

Stewart J. Greenleaf, Assistant District Attorney, with him Paul W. Tressler, Assistant District Attorney, Parker H. Wilson, First Assistant District Attorney, and Milton O. Moss, District Attorney, for Commonwealth, appellant.

Harry L. Green, Jr., Assistant Public Defender, for appellee.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and CERCONE, JJ.

OPINION BY MONTGOMERY, J., June 11, 1970:

The defendant, Pedro Rivera Alvarez, entered a plea of not guilty to an indictment charging him with the crimes of larceny and receiving stolen goods. A jury was summoned but before it was sworn the court dismissed it and entered an order under Criminal Court Rule 315. This order directed the defendant's release from prison where he had been confined for five months on default of bail, on condition that he pay costs totaling...

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