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COM. v. METZGER

249 Pa.Super. 107 (1977)

375 A.2d 781

COMMONWEALTH of Pennsylvania v. Russell M. METZGER, Appellant.

Superior Court of Pennsylvania.

Decided June 29, 1977.

Attorney(s) appearing for the Case

James F. Heinly, Lancaster, with him Morgan, Hallgren & Heinly, Lancaster, for appellant.

D. Richard Eckman, District Attorney, Lancaster, with him Henry S. Kenderdine, Jr., Assistant District Attorney, for appellee.

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

HOFFMAN, Judge:

The instant appeal presents only one issue: whether the lower court erred when it extended the period in which the Commonwealth was required to try the appellant. See Rule 1100(c), Pa.R.Crim.P., 19 P.S. Appendix. We believe that the Commonwealth exercised due diligence and, therefore, we affirm the judgment of sentence.

On July 10, 1975, the Lancaster County District Attorney filed a complaint...

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