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COMMONWEALTH v. HICKSON

235 Pa.Super. 496 (1975)

Commonwealth v. Hickson, Appellant.

Superior Court of Pennsylvania.

September 22, 1975.

Attorney(s) appearing for the Case

Douglas Riblet and John W. Packel, Assistant Defenders, and Benjamin Lerner, Defender, for appellant.

Hugh J. Colihan, Mark Sendrow, and Steven H. Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.

OPINION BY JACOBS, J., September 22, 1975:

This case presents the issue1 of whether appellant must be discharged where his new trial was held in violation of the time requirements of Pa.R.Crim.P. 1100 (e).2 Because we find that appellant consented to the scheduling of the new trial for a date beyond the ninety-day period, we conclude that appellant may...

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