Commonwealth v. Witmer

POPOVICH, Judge:

This is an appeal by the Commonwealth from the order of the Court of Common Pleas of Lycoming County finding the appellee (Charlotte Joann Witmer) incompetent to stand trial and dismissing the charge of retail theft filed against her. We reverse.

The record indicates that on January 2, 1986, the appellee was arrested and charged with unlawfully taking possession of retail merchandise 1 from K-Mart totalling $61.29 with the intention of converting it to her own use without paying the owner for the value thereof in violation of 18 Pa.C.S. § 3929(a)(1).

A preliminary hearing was…