State v. Glaindez

The State appeals from the Superior Court’s dismissal of this case for lack of effective prosecution.

Defendant was indicted on December 12, 1974 for first degree assault and possession of a deadly weapon during the commission of a felony. Arraignment was on December 31, 1974 and at pretrial conference on February 7, 1975 a trial date of March 13, 1975 was agreed upon. Subpoenas for the victim and his wife were issued by the State on February 19, 1975 and returned non est inventus March 5, 1975 with the notation, “victim known to have moved to Pennsylvania”.

On the morning of trial, the State…