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COM. v. SIRES

284 Pa.Super. 50 (1981)

424 A.2d 1386

COMMONWEALTH of Pennsylvania, Appellant, v. George E. SIRES.

Superior Court of Pennsylvania.

Filed January 30, 1981.

Attorney(s) appearing for the Case

Miles R. Lynn, Jr., Assistant District Attorney, Franklin, for Commonwealth, appellant.

John E. Egan, Franklin, for appellee.

Before PRICE, BROSKY and MONTGOMERY, JJ.

BROSKY, Judge:

Charges were filed against appellee for theft by receiving stolen property on September 12, 1978. A preliminary hearing was scheduled for September 20, 1978, but later rescheduled for October 6, 1978, on which day, the arresting officer — Trooper John Beggs — withdrew the charges.1

Identical charges were filed by Trooper Beggs on March 8, 1979 and a preliminary hearing on the second complaint was scheduled...

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