Commonwealth v. Ryan

*549OPINION ANNOUNCING JUDGMENT OF THE COURT

McDERMOTT, Justice.

Before the Court for resolution is the appellant Commonwealth’s appeal from an order of the Superior Court, 379 Pa.Super. 664, 545 A.2d 388, (memorandum opinion by Watkins and Cercone, JJ., with Olszewski, J., dissenting) which arrested the judgment of sentence and discharged the appellee Bernard D. Ryan. The pertinent facts are as set forth below.

In June, 1978, the appellee was arrested and charged with rape,1 aggravated assault,2 and indecent assault.3 The crimes occurred in Elk County, Pennsylvania. A trial was scheduled to begin…