Commonwealth v. Carey

WIEAND, Judge:

James Carey was tried by jury and found guilty of burglary 1 and criminal trespass. 2 Post verdict motions were dismissed, and Carey was sentenced to a term of imprisonment for burglary only. On direct appeal, Carey contends (1) that he did not receive a speedy trial within the standards of Pa.R.Crim.P. 1100; (2) that the trial court erred in refusing motions for mistrial because of alleged prosecutorial misconduct during closing argument; and (3) that the trial court erred in giving a “missing witness” instruction to the jury. There is no merit in these arguments and,…