(Download) "Commonwealth Pennsylvania v. Thomas K. Douglass" by Superior Court of Pennsylvania " eBook PDF Kindle ePub Free
eBook details
- Title: Commonwealth Pennsylvania v. Thomas K. Douglass
- Author : Superior Court of Pennsylvania
- Release Date : January 14, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 78 KB
Description
The Commonwealth appeals from an order dismissing a homicide by vehicle while driving under the influence (75 Pa.C.S.A. § 3735) complaint against appellee, Thomas K. Douglass, based upon an alleged violation of Pa.R.Crim.P. 130. The Commonwealth presents two contentions on appeal: first, that the trial court erred in concluding that an "arrest" had occurred within the meaning of Pa.R.Crim.P. 130; and second, that the trial court erred in concluding that the five day period for filing a complaint prescribed by Pa.R.Crim.P. 130(d) had expired. Appellee responds that the first contention is without merit, and that the second contention was not raised in the trial court, and therefore, has been waived. We find merit in the first contention; and accordingly, vacate the order of the trial court, reinstate the complaint, and remand for further proceedings. In light of our disposition of the Commonwealths first contention, we do not decide whether the second issue has been properly preserved.