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COM. v. TALARIGO

366 Pa.Super. 231 (1987)

530 A.2d 1375

COMMONWEALTH of Pennsylvania, Appellant v. Charles S. TALARIGO.

Supreme Court of Pennsylvania.

Filed September 18, 1987.

Attorney(s) appearing for the Case

Ross H. Cooper, Assistant District Attorney, Bellefonte, for Com., appellant.

Deborah Lux, Assistant Public Defender, Bellefonte, for appellee.

Before CIRILLO, President Judge, and BROSKY, WIEAND, OLSZEWSKI, DEL SOLE, MONTEMURO, TAMILIA, POPOVICH and JOHNSON, JJ.

BROSKY, Judge:

This is an appeal from the Order of the trial court dismissing the prosecution of this case of driving under the influence.

Appellant presents two issues for our consideration: (1) whether the criminal complaint issued against appellee was filed within the five (5) day limitations of Rule 130(d); and (2) whether the language of Rule 130(d) that a complaint "shall" be filed within five (5) days of release is directory

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