Commonwealth v. Whitaker

OPINION OF THE COURT

MANDERINO, Justice.

On March 25, 1974, appellee, James Whitaker, along with two others, was arrested and charged with four counts of murder and one count of criminal conspiracy. Indictments followed on all charges. On December 17, 1974, two hundred sixty-eight days after appellee’s arrest, the prosecution moved, pursuant to Rule 314, Pa.R. Crim.P., for leave to enter a nolle prosequi in the case against appellee on the grounds that it had no admissible evidence with which to prosecute the case. The prosecution’s lack of evidence resulted from the grant of a motion to…