COMMONWEALTH v. HOUCK


233 Pa.Super. 512 (1975)

Commonwealth, Appellant, v. Houck.

Superior Court of Pennsylvania.

March 31, 1975.


Attorney(s) appearing for the Case

Grant E. Wesner, Deputy District Attorney, and Robert L. VanHoove, District Attorney, for Commonwealth, appellant.

Peter F. Cianci, and DeLong, Dry, Cianci & Grim, for appellee.

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


OPINION BY VAN DER VOORT, J., March 31, 1975:

This is an appeal from an Order of Judge Warren K. HESS, Presiding with a jury, dismissing the case and dividing the costs between the defendant and the party who initiated the complaint, which party was found by Judge HESS to be the "real prosecutor". The Commonwealth, appellant, argues two points:

(1) That the trial judge abused his discretion in dismissing...

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