COMMONWEALTH v. KATES


452 Pa. 102 (1973)

Commonwealth v. Kates, Appellant. Commonwealth v. McClellan, Appellant. Allen, Petitioner, v. Reed.

Supreme Court of Pennsylvania.

May 8, 1973.


Attorney(s) appearing for the Case

John W. Packel, Assistant Defender, with him Francis S. Wright, Assistant Defender, and Vincent J. Ziccardi, Defender, for petitioner and appellants.

Judith Dean, Assistant District Attorney, with her Milton M. Stein, Assistant District Attorney, James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

James D. Crawford, Deputy District Attorney, and Arlen Specter, District Attorney, for respondent.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.


OPINION BY MR. JUSTICE NIX, May 8, 1973:

The principal issue presented in this consolidated appeal is whether a probation violation hearing may be held prior to the trial for criminal charges which are based on the same activities which gave rise to the alleged probation violation. In each of these cases the hearing judge held, or attempted to hold, the violation of probation hearing prior to the probationer's trial on the...

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