No. 2564 Philadelphia, 1981, Appeal from the Order of the Court of Common Pleas, Criminal Division, of Montgomery County at No. 1360-81.
David M. McGlaughlin, Assistant District Attorney, Norristown, for Commonwealth, appellant.
Michael Marino, Norristown, for appellee.
Wickersham, Brosky and Wieand, JJ.
[ 306 Pa. Super. Page 109]
This case involves a Commonwealth appeal from an order of the Honorable William T. Nicholas, dated September 29, 1981, dismissing the criminal charges against Kenneth Martin pursuant to Pa.R.Crim.P. 1100.*fn1 For reasons set forth
[ 306 Pa. Super. Page 110]
hereinafter, we reverse and remand for proceedings consistent with this opinion.
On May 8, 1981 a preliminary hearing was held before the District Justice Donald Riehl, King of Prussia, Montgomery County at which hearing Lillian Wolfberg gave the following sworn testimony:
Q. Mrs. Wolfberg, where do you live?
A. 241 Murray Drive, King of Prussia.
Q. Directing your attention to May 24th, 1979, did something unusual occur at your apartment that day?
A. Yes, that is the day that the apartment -- my mother was staying with us at the time.
Q. What is your mother's name?
A. Her name is Fanny Chait.
Q. And how old is your mother?
A. She is past ninety now but she was eighty-eight years of age at the time.
Q. When you left your apartment that morning who remained there, if anyone?
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A. She was alone. She was supposed to have gone home that afternoon and then she stayed in the apartment to pack her belongings and she was supposed to be taken home that afternoon.
Q. Now, sometime that morning did you have occasion to call home, your home?
A. Yes, we did call about eleven o'clock.
A. Yes, immediately after the ...