COM. v. MALLOY


304 Pa.Super. 297 (1982)

450 A.2d 689

COMMONWEALTH of Pennsylvania v. Heidi MALLOY. Appeal of PAULA-ARLEN VENDING MACHINE CO., INC. (two cases). COMMONWEALTH of Pennsylvania v. James P. MICHENER, Jr., Appellee.

Superior Court of Pennsylvania.

Filed September 3, 1982.


Attorney(s) appearing for the Case

Gerald I. Roth, Allentown, for appellant.

William H. Platt, District Attorney, Allentown, for Commonwealth, appellee.

Paul A. McGinley, Allentown, for Malloy and Michener, appellees.

Before SPAETH, ROWLEY and CIRILLO, JJ.


CIRILLO, Judge:

This case raises the novel issue of whether the victim of an alleged crime has standing to appeal, without the consent of the district attorney, a judicial determination dismissing a complaint for the prosecution's failure to establish a prima facie case. For the reasons which follow, we conclude that a victim/complainant lacks the authority and power to appeal and, therefore, this appeal must be quashed.

On February 20, 1980, private criminal...

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