COM. v. EARP


476 Pa. 369 (1978)

382 A.2d 1215

COMMONWEALTH of Pennsylvania v. Leslie EARP, Appellant (two cases).

Supreme Court of Pennsylvania.

Reassigned October 24, 1977.

Decided January 26, 1978.

Rehearing Denied March 1, 1978.


Attorney(s) appearing for the Case

Stephen G. Young, Philadelphia, for appellant.

F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., for appellee.

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


OPINION

ROBERTS, Justice.

This appeal presents the issue of whether an accused not brought to trial as required by Pa.R.Crim.P. 1100 on charges arising out of a criminal transaction may, under Pa.R. Crim.P. 1100, be later brought to trial on other charges arising out of the same criminal transaction.1 We hold that he cannot.2

I

On July 28, 1974, appellant Leslie Earp was arrested...

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