Commonwealth v. Alvarez

Opinion by

Montgomery, J.,

The defendant, Pedro Rivera Alvarez, entered a plea of not guilty to an indictment charging him with the crimes of larceny and receiving stolen goods. A jury was summoned but before it was sworn the court dismissed it and entered an order under Criminal Court Rule 315. This order directed the defendant’s release from prison where he had been confined for five months on default of bail, on condition that he pay costs totaling $357.25 at the rate of $15 per week. The District Attorney, not having consented to the order, has taken this appeal.

The sole issue before us is…