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COM. v. SMITH

269 Pa.Super. 424 (1979)

410 A.2d 329

COMMONWEALTH of Pennsylvania v. Eugene SMITH, Appellant.

Superior Court of Pennsylvania.

Filed September 14, 1979.

Attorney(s) appearing for the Case

John A. DiCicco, Assistant Public Defender, Norristown, for appellant.

Ronald T. Williamson, Assistant District Attorney, Norristown, 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 an extension of time pursuant to Pa.R.Crim.P. 1100(c) and in denying his motion to dismiss the charges against him pursuant to Pa.R.Crim.P. 1100(f). We agree and, accordingly, vacate the judgment of sentence and discharge appellant.

On May 26, 1977, the Plymouth Township Police Department filed a written...

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