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COMMONWEALTH v. KIRK (11/11/71)

decided: November 11, 1971.

COMMONWEALTH, APPELLANT,
v.
KIRK



Appeal from order of Court of Common Pleas of Montgomery County, Feb. T., 1971, No. 675, and April T., 1971, No. 174, in case of Commonwealth of Pennsylvania v. Barry Kirk.

COUNSEL

William Morrow, Assistant District Attorney, with him Stewart J. Greenleaf, Assistant District Attorney, William T. Nicholas, First Assistant District Attorney, and Milton O. Moss, District Attorney, for Commonwealth, appellant.

Daniel C. Barrish, Assistant Public Defender, for appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Opinion by Hoffman, J.

Author: Hoffman

[ 220 Pa. Super. Page 116]

This is an appeal by the Commonwealth from the order of the lower court quashing with prejudice two indictments against appellee.

The facts in the case have been set out fully by the lower court:

"Between May 14 and May 22, 1969, the defendant allegedly uttered or attempted to utter several forged

[ 220 Pa. Super. Page 117]

    instruments at various Montgomery County banks. On May 23, 1969, a criminal complaint was filed before District Justice George Knoell for the charges arising in Whitpain Township.

"Defendant was arrested on May 29, 1969, in Philadelphia for criminal charges in that county. Subsequently a detainer from Montgomery County was filed with the Philadelphia prison authorities.

"On June 8, 1969, a criminal complaint on the remaining Montgomery County charges was filed before District Justice Elaine Adams.

"On August 19, 1969, Kirk was sentenced to serve two and one-half to five years by a Philadelphia County ...


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