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COM. ex rel. SMITH v. HENDRICK

207 Pa.Super. 503 (1966)

Commonwealth ex rel. Smith, Appellant, v. Hendrick.

Superior Court of Pennsylvania.

April 26, 1966.

Attorney(s) appearing for the Case

James Smith, appellant, in propria persona.

Ronald McCaskill and Joseph M. Smith, Assistant District Attorneys, F. Emmett Fitzpatrick, Jr., First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for appellee.

Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, FLOOD, JACOBS, and HOFFMAN, JJ.

OPINION BY HOFFMAN, J., April 26, 1966:

The only question in this appeal is whether appellant's rights were denied under the Act of June 28, 1957, P.L. 428, § 1, 19 P.S. § 881, which provides that a person in prison and untried ". . . shall be brought to trial within one hundred eighty (180) days after he shall have caused to be delivered to the District Attorney of the County in which the indictment is pending and the appropriate court written notice of...

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