Commonwealth v. McFadden

ROWLEY, Judge 1

This is a direct appeal by Dennis Ray McFadden following his conviction, after trial by jury, of theft by unlawful taking. Appellant alleges: (1) that his trial counsel was ineffective in failing to move to suppress identification evidence; (2) that his right to a speedy trial under Pa.R.Crim.P. 1100 was violated, and (3) that the Commonwealth’s evidence was insufficient to support the jury’s verdict.

The charges against appellant arose out of the theft of the purses of Mrs. Elizabeth Gadd and a friend. Shortly after the incident, Mrs. Gadd described the perpetrator to police as…