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COM. v. HILL

273 Pa.Super. 428 (1980)

417 A.2d 723

COMMONWEALTH of Pennsylvania v. Joseph F. HILL, Appellant.

Superior Court of Pennsylvania.

Filed January 4, 1980.

Petition for Allowance of Appeal Denied September 11, 1980.

Attorney(s) appearing for the Case

John W. Packel, Assistant Public Defender, Chief, Appeals Division, Philadelphia, for appellant.

Eric B. Henson, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before WIEAND, ROBINSON and LOUIK, JJ.

PER CURIAM:

Remanded for an evidentiary hearing. If it appears thereafter that the failure to commence trial within 180 days occurred despite due diligence by the Commonwealth and that the extensions granted by the lower court were proper, then appellant's motion in arrest of judgment shall be dismissed. If, however, it appears that the failure to commence trial within 180 days was caused by a lack of due diligence...

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