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COM. v. SMITH

262 Pa.Super. 233 (1978)

396 A.2d 731

COMMONWEALTH of Pennsylvania v. William J. SMITH, Appellant.

Superior Court of Pennsylvania.

Decided December 29, 1978.

Attorney(s) appearing for the Case

David E. Auerbach, Assistant Public Defender, Media, for appellant.

Barry Gross, Assistant District Attorney, Media, for Commonwealth, appellee.

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

VAN der VOORT, Judge:

The facts of this case are set forth in Commonwealth v. Clark, 256 Pa.Super. 97, 389 A.2d 619 (1978), which involves a co-defendant of appellant. For reasons stated in Clark, the judgment of sentence is reversed and the case is remanded for an evidentiary hearing to determine the time, if any, that is excludable from the 270-day period due to appellant's...

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