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COM. v. McDERMOTT

280 Pa.Super. 535 (1980)

421 A.2d 851

COMMONWEALTH of Pennsylvania, Appellant, v. Robert McDERMOTT.

Superior Court of Pennsylvania.

Filed September 19, 1980.

Petition for Allowance of Appeal Denied July 16, 1981.

Attorney(s) appearing for the Case

Neil Kitrosser, Assistant District Attorney, Philadelphia, for Commonwealth, appellant.

George E. Goldstein, Philadelphia, for appellee.

Before HESTER, WICKERSHAM and LIPEZ, JJ.

HESTER, Judge:

This is a Commonwealth appeal from an order of the Court of Common Pleas of Philadelphia County granting appellee's motion to dismiss pursuant to Pa.R.Cr.P. 1100. The procedural history and facts relevant to the issue on appeal are as follows:

Appellee was charged with attempted rape, indecent assault, aggravated assault and simple assault. The alleged crimes took place on February 11, 1978, late in the evening. The investigating officer obtained...

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