COM. v. KEITH


268 Pa.Super. 462 (1979)

408 A.2d 880

COMMONWEALTH of Pennsylvania v. Michael KEITH, Appellant.

Superior Court of Pennsylvania.

Filed August 9, 1979.


Attorney(s) appearing for the Case

Albert G. Barnes, Jr., York, for appellant.

John A.F. Hall, Assistant District Attorney, York, submitted a brief on behalf of Commonwealth, appellee.

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


HOFFMAN, Judge:

Appellant contends that he was tried on charges of burglary in violation of Pa.R.Crim.P. 1100 because the Commonwealth in its 1100(c) extension petitions never demonstrated its due diligence. We agree that the Commonwealth failed to show due diligence in bringing appellant to trial, but nonetheless we affirm the judgment of sentence for the reasons which follow.

The Commonwealth filed a...

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