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COM. v. CRUZ

355 Pa.Super. 176 (1986)

512 A.2d 1270

COMMONWEALTH of Pennsylvania Appellant, v. Ralph Isreal CRUZ, Appellee.

Supreme Court of Pennsylvania.

Filed July 22, 1986.

Attorney(s) appearing for the Case

Joseph Giebus, Wilkes-Barre, Assistant District Attorney, for Com., appellant.

Joseph J. Yeager, Assistant Public Defender, Wilkes-Barre, for appellee.

Before WIEAND, MONTEMURO and BECK, JJ.

WIEAND, Judge:

This is an appeal by the Commonwealth from an order sustaining a defense demurrer to a charge that Ralph Isreal Cruz had escaped on June 12, 1973 by failing to return to the State Correctional Institution at Dallas after a home furlough. The trial court sustained the demurrer and dismissed the charge because the information, on its face, failed to disclose that the applicable statute of limitations had been tolled.

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