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COM. v. SMALIS

527 Pa. 375 (1991)

592 A.2d 669

COMMONWEALTH of Pennsylvania, Appellee, v. Despina SMALIS, Appellant.

Supreme Court of Pennsylvania.

Resubmitted March 22, 1991.

Decided May 9, 1991.

Dissenting Opinion July 23, 1991.

Attorney(s) appearing for the Case

Norma Chase, Pittsburgh, for appellant.

Robert E. Colville, Dist. Atty., Claire C. Capristo, Deputy Dist. Atty., Kemal Alexander Mericli and James R. Gilmore, Asst. Dist. Attys., Pittsburgh, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.

Dissenting Opinion of Justice Papadakos July 23, 1991.

OPINION

McDERMOTT, Justice.

In this appeal we are asked to decide whether appellant's constitutional rights will be violated if her bench trial is resumed following an extended stay of the proceedings occasioned by the Commonwealth's appeal from an order sustaining demurrers to certain, but not all, criminal charges.

Appellant, Despina Smalis, along with her husband, owned adjoining buildings...

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