Commonwealth v. Bailey

CERCONE, President Judge:

In 1977, appellant was arrested and charged with burglary, rape, indecent assault, terroristic threats, and possession of offensive weapons. At trial, the lower court sustained demurrers to the charges of terroristic threats and possession of offensive weapons, and the jury found appellant not guilty on the remaining charges. Thereafter, appellant filed a petition to expunge which on August 16, 1977, was “stricken for lack of prosecution.” 1 On September 9, 1977, appellant filed a new petition to expunge which was identical to the earlier one. On November 18, 1977,…