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COM. v. MILLER

270 Pa.Super. 178 (1979)

411 A.2d 238

COMMONWEALTH of Pennsylvania v. Lane Rodney MILLER, Appellant.

Superior Court of Pennsylvania.

Filed September 28, 1979.

Attorney(s) appearing for the Case

John C. Howett, Jr., Harrisburg, for appellant.

James J. Rosini, District Attorney, Shamokin, for Commonwealth, appellee.

Before CERCONE, President Judge, and WATKINS and HOFFMAN, JJ.

HOFFMAN, Judge:

Appellant contends, inter alia,1 that the lower court erred in granting the Commonwealth's petition for extension of time to commence trial under Pa.R.Crim.P. 1100(c). We agree and, accordingly, reverse the judgment of sentence and order appellant discharged.

The particular nature of the issue herein requires us to recite the facts in some detail. On April 8, 1974, a criminal complaint was filed against appellant...

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