Commonwealth v. Jones

POPOVICH, Judge:

This case concerns an appeal from the order of the Court of Common Pleas of Dauphin County granting the Commonwealth’s petition to re-assign another district justice to hear charges to be re-filed against the defendant/appellant, Ernest Jones. We affirm. 1

The facts are not in dispute and reveal that on April 19, 1992, the defendant was charged with driving under the influence of alcohol. A preliminary hearing was held before District Justice Magaro, the result of which was a dismissal of the charge for the prosecution’s failure to prove that the hospital performing the testing…