COMMONWEALTH v. ELLER


232 Pa.Super. 99 (1974)

Commonwealth, Appellant, v. Eller.

Superior Court of Pennsylvania.

December 11, 1974.


Attorney(s) appearing for the Case

Stephen B. Harris, Assistant District Attorney, with him Kenneth G. Biehn, District Attorney, for Commonwealth, appellant.

Paul Laskow, Assistant Public Defender, for appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.


OPINION BY VAN DER VOORT, J., December 11, 1974:

On August 27, 1973, a criminal complaint was filed against defendant-appellee. He was arrested and arraigned on September 22, 1973. October 17, 1973, had been set for hearing, but defendant did not appear and was declared a fugitive. On July 23, 1973, the Grand Jury returned an indictment of "theft" against defendant,1 who was re-arrested and arraigned on May 3, 1974. At this arraignment...

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