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COMMONWEALTH v. HARRIS

243 Pa.Super. 503 (1976)

366 A.2d 267

COMMONWEALTH of Pennsylvania v. Richard H. HARRIS, Appellant.

Superior Court of Pennsylvania.

Decided November 22, 1976.

Attorney(s) appearing for the Case

William D. Parry, Philadelphia, for appellant.

Donald L. Reihart, Dist. Atty., Sheryl Ann Dorney, Asst. Dist. Atty., York, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.

HOFFMAN, Judge.

Appellant contends that the Commonwealth violated Rule 1100(c), Pa.R.Crim.P., 19 P.S. Appendix, by not petitioning for an order extending the time for commencement of trial before the expiration of the 180 day period mandated by Rule 1100(a) (2). We agree and, therefore, order that appellant be discharged.

On August 12, 1975, York County officials filed a written complaint charging appellant with burglary,1

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