Commonwealth v. McGargle

MONTGOMERY, Judge:

This is a Commonwealth appeal from an order finding Susan MeGargle incompetent to stand trial and dismissing the charges against her. For the reasons below, we affirm in part and reverse in part.

The Commonwealth first contends that the trial court erred in finding appellee incompetent to stand trial. We disagree. Under the Mental Health Act, a person is incompetent to stand trial if she is substantially unable to understand the nature or object of the proceedings against her or to participate and assist in her defense. 50 P.S. § 7402(a). As our Supreme Court stated in…