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COM. v. WITMER

379 Pa.Super. 446 (1988)

550 A.2d 241

COMMONWEALTH of Pennsylvania, Appellant, v. Charlotte Joann WITMER, Appellee.

Supreme Court of Pennsylvania.

Filed November 10, 1988.

Attorney(s) appearing for the Case

Amy L. Hallenbeck, Assistant District Attorney, Montoursville, for Com., appellant.

William J. Miele, Williamsport, for appellee.

Before TAMILIA, POPOVICH and HOFFMAN, JJ.

POPOVICH, Judge:

This is an appeal by the Commonwealth from the order of the Court of Common Pleas of Lycoming County finding the appellee (Charlotte Joann Witmer) incompetent to stand trial and dismissing the charge of retail theft filed against her. We reverse.

The record indicates that on January 2, 1986, the appellee was arrested and charged with unlawfully taking possession of retail merchandise1 from K-Mart totalling $61...

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