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Commonwealth Pennsylvania v. James Whitaker

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eBook details

  • Title: Commonwealth Pennsylvania v. James Whitaker
  • Author : Commonwealth Court of Pennsylvania
  • Release Date : January 12, 1976
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 65 KB

Description

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 appellees 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 that it had no admissible evidence with which to prosecute the case. The prosecutions lack of evidence resulted from the grant of a motion to suppress certain incriminating statements made by appellee to police, and because a co-defendant, who was expected to be the main prosecution witness against appellee, had refused to testify. Over appellees objection,


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