Commonwealth v. Fisher

Opinion by

Me. Justice Eagen,

On February 8, 1971, Charles Fisher was convicted by a jury in Delaware County of armed robbery and related charges stemming from the armed hold up of an Acme food market in Upper Darby on August 15, 1968. Post-trial motions were denied and a prison sentence was imposed. On appeal the Superior Court unanimously affirmed the judgment without opinion. [220 Pa. Superior Ct. 747, 286 A. 2d 417 (1971)]. We granted allocatur.

The sole question presented is whether the trial court erred in denying a pretrial motion to dismiss the indictments due to the Commonwealth’s…