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COM. v. CARSON

338 Pa.Super. 492 (1985)

487 A.2d 1390

COMMONWEALTH of Pennsylvania, Appellant, v. Lynn Lionel CARSON, III, Appellee.

Supreme Court of Pennsylvania.

Filed January 30, 1985.

Petition for Allowance of Appeal Granted July 9, 1985.

Attorney(s) appearing for the Case

Dara A. DeCourcy, Assistant District Attorney, Pittsburgh, for Commonwealth, appellant.

John J. Kennedy, Jr., Pittsburgh, for appellee.

Before CIRILLO, TAMILIA and MONTGOMERY, JJ.

PER CURIAM:

The sole issue presented is whether the trial court abused its discretion by sua sponte dismissing all charges against appellee. The dismissal, resulting from the assistant district attorney's nonappearance, occurred approximately thirty (30) minutes after the time for which trial was scheduled, 9:30 a.m. The reasons given by the trial court for the dismissal included the number of assistant district attorneys

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