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COMMONWEALTH v. FESSENDEN

No. 2357.

1 Pa. D. & C. 3d 698 (1977)

Commonwealth v. Fessenden

Common Pleas Court of Dauphin County, Criminal Division, Pennsylvania.

March 24, 1977.

Attorney(s) appearing for the Case

Rolf Bienk, for Commonwealth.

Richard Guida, for defendant.

DOWLING, J., March 24, 1977.

Defendant faces a charge of open lewdness, a misdemeanor of the third degree (punishable by a maximum of one year in prison). Contrary to Rule 102 of the Pennsylvania Rules of Criminal Procedure1, the complaint was brought home to him by a warrant of arrest rather than a summons. For this reason, he has moved to quash the information. Defense counsel initially raised the objection at the preliminary...

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