Commonwealth v. Mitchell

SPAETH, Judge:

This is an appeal from two orders, one dismissing appellant’s petition to withdraw his guilty plea and the other dismissing his Post Conviction Hearing Act petition.

On March 20, 1976, appellant was charged with aggravated assault, recklessly endangering another person, and ter-roristic threats. When the case was called for trial, on October 14, Judge CIRILLO asked the Commonwealth to call its complaining witnesses. The Commonwealth called both of them but neither appeared. Judge CIRILLO said that the witnesses should have been present, and dismissed the case, finding appellant…