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COMMONWEALTH v. WHITAKER

467 Pa. 436 (1976)

359 A.2d 174

COMMONWEALTH of Pennsylvania, Appellant, v. James WHITAKER, Appellee (two cases).

Supreme Court of Pennsylvania.

Decided May 12, 1976.

Rehearing Denied June 30, 1976.

Attorney(s) appearing for the Case

F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., Carolyn E. Temin, Philadelphia, for appellant.

Herman Blumenthal, Philadelphia, for appellee.

Before JONES, C.J., and EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION OF THE COURT

MANDERINO, Justice.

On March 25, 1974, appellee, James Whitaker, along with two others, was arrested and charged with four counts of murder and one count of criminal conspiracy. Indictments followed on all charges. On December 17, 1974, two hundred sixty-eight days after appellee's arrest, the prosecution moved, pursuant to Rule 314, Pa.R. Crim.P., for leave to enter a nolle prosequi in the case against appellee on the grounds...

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