COM. v. JONES


450 Pa.Super. 433 (1996)

676 A.2d 251

COMMONWEALTH of Pennsylvania, Appellant, v. Douglas F. JONES, a/k/a Donald Williams.

Superior Court of Pennsylvania.

Filed May 1, 1996.


Attorney(s) appearing for the Case

Kemal A. Mericli, Assistant District Attorney, Pittsburgh, for appellant.

John Elash, Pittsburgh, for appellee.

Before JOHNSON, FORD ELLIOTT and HESTER, JJ.


JOHNSON, Judge:

In this appeal, we are asked to determine whether the Commonwealth may refile a criminal complaint dismissed because of the absence of the Commonwealth's witnesses on the date set for trial. The court below concluded that such a dismissal must be appealed. Because we find that the Commonwealth may refile the complaint in such a case, we reverse and remand this matter for trial.

In April 1994, Douglas F. Jones was charged with one count each...

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