Commonwealth v. Jones

JOHNSON, Judge:

In this appeal, we are asked to determine whether the Commonwealth may refile a criminal complaint dismissed because of the absence of the Commonwealth’s witnesses on the date set for trial. The court below concluded that such a dismissal must be appealed. Because we find that the Commonwealth may refile the complaint in such a case, we reverse and remand this matter for trial.

In April 1994, Douglas F. Jones was charged with one count each of making terroristic threats and simple assault. Jones was also charged with one summary count of harassment. Judge Paul F. Lutty dismissed…