Clark v. Commonwealth

Opinion

BARROW, J.

In this criminal appeal we conclude that prosecution of conspiracy charges is barred where charges for the underlying substantive offenses have been dismissed for lack of a speedy trial. We reverse the defendant’s convictions.

The defendant was charged with attempted robbery, use of a firearm in the commission of a felony and unlawful wearing of a mask. The offenses occurred on January 3, 1984. On February 1, 1984, the general district court found probable cause that the defendant committed the offenses; on April 3, 1985, the indictments were dismissed because the Commonwealth…