COM. v. DAVIS


261 Pa.Super. 204 (1978)

395 A.2d 1388

COMMONWEALTH of Pennsylvania v. Benjamin Franklin DAVIS, Appellant.

Superior Court of Pennsylvania.

Decided December 21, 1978.


Attorney(s) appearing for the Case

H. Stanley Rebert, Assistant Public Defender, York, for appellant.

Daniel M. Frey and Floyd P. Jones, Assistant District Attorneys, York, for Commonwealth, appellee.

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


SPAETH, Judge:

This is an appeal from a judgment of sentence entered upon conviction of robbery. The principal question is whether the lower court erred in denying appellant's motion for discharge under Pa.R.Crim.P. 1100. We find the record insufficient to dispose of this question, and so remand.

On May 1, 1975, the York City Police filed a complaint against appellant, charging him with robbery. Appellant could not be found, and on June 4 the case was returned...

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