Commonwealth v. Houck

Opinion by

Van der Voort, J.,

This is an appeal from an Order of Judge Warren K. Hess, Presiding with a jury, dismissing the case and dividing the costs between the defendant and the party who initiated the complaint, which party was found by Judge Hess to be the “real prosecutor”. The Commonwealth, appellant, argues two points:(1) That the trial judge abused his discretion in dismissing the case pursuant to Section 312 of the Crimes Code; 1 and(2) That the trial judge erred in placing one half the costs on the person he determined to be the “real prosecutor.”

Lester Leinbach had been bothered…