Commonwealth v. Labelle

I dissent. My Brethren in the majority have overlooked the rather fundamental concept of res judicata in their analysis of the within dispute. This concept, I believe, compels affirmance of the order appealed from.1

No one seems to dispute that the order of August 25, 1985, dismissing the charge against appellant for non-compliance with Rule 130(d) of the Pennsylvania Rules of Criminal Procedure, was a final and appealable order which terminated the case against appellant. Further, it is conceded that the Commonwealth did not appeal the dismissal of the charge against appellant. Thus, the…