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COMMONWEALTH v. MILLHOUSE

470 Pa. 512 (1977)

368 A.2d 1273

COMMONWEALTH of Pennsylvania, Appellant, v. Andrew MILLHOUSE.

Supreme Court of Pennsylvania.

Decided January 28, 1977.

Reargument Denied February 14, 1977.

Attorney(s) appearing for the Case

Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., for appellant.

Needleman, Needleman, Tabb & Eisman, Gerald A. Stein, Philadelphia, for appellee.

Stephen J. McEwen, Jr., Upper Darby, for Pa. District Attorneys' Assn.

Before JONES, C.J., and EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION OF THE COURT

O'BRIEN, Justice.

This appeal by the Commonwealth arises from the order of Superior Court which discharged the appellee, Andrew Millhouse. The basis of the discharge order was a violation of Pennsylvania Rule of Criminal Procedure 1100 — prompt trial. The facts surrounding this appeal are as follows.

On January 3, 1974, appellee, Andrew Millhouse, was indicted on two counts of malfeasance, misfeasance and nonfeasance in...

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