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COM. v. GREEN

292 Pa.Super. 299 (1981)

437 A.2d 54

COMMONWEALTH of Pennsylvania, Appellant, v. Derek GREEN.

Superior Court of Pennsylvania.

Filed November 13, 1981.

Petition for Allowance of Appeal Granted January 14, 1982.

Attorney(s) appearing for the Case

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

Donald M. Moser, Philadelphia, for appellee.

Before SPAETH, BROSKY and HOFFMAN, JJ.

BROSKY, Judge:

Derek Green was convicted by a jury of burglary and robbery on April 15, 1977. Green then filed post-verdict motions included in which he asserted that his "waiver of [Pennsylvania Rule of Criminal Procedure 1100] without an exact and precise rule extension date is a violation of [the Rule]. . ." A motion in arrest of judgment was granted. The Commonwealth appeals.

Green was arrested on January 5, 1974. At that time, Rule 1100 stated that trial...

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