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COM. v. MITCHELL

283 Pa.Super. 455 (1981)

424 A.2d 897

COMMONWEALTH of Pennsylvania, Appellant, v. Stephen MITCHELL.

Superior Court of Pennsylvania.

Filed January 5, 1981.

Attorney(s) appearing for the Case

Steven H. Goldblatt, Deputy District Attorney, Philadelphia, for Commonwealth, appellant.

Elaine DeMasse, Deputy Chief Public Defender, Leonard Sosnov, Assistant Defender, Philadelphia, for appellee.

Before HESTER, MONTGOMERY and CIRILLO, JJ.

MONTGOMERY, Judge:

This case involves an appeal by the Commonwealth from an order granting the appellee's petition to dismiss pursuant to Pa.R.Crim.P. 1100. In order to address the Commonwealth's argument, we must set forth the procedural history of this case pertinent hereto.

Appellee, age seventeen, was arrested on February 4, 1978 and charged in a criminal complaint with a robbery and shooting which occurred on February 3, 1978 in Philadelphia.

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