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COM. v. MITCHELL

303 Pa.Super. 34 (1982)

449 A.2d 64

COMMONWEALTH of Pennsylvania v. Widmark MITCHELL, Appellant. COMMONWEALTH of Pennsylvania, Appellant, v. Widmark MITCHELL.

Supreme Court of Pennsylvania.

Decided May 28, 1982.

Reargument Denied August 24, 1982.

Petition for Allowance of Appeal Denied November 15, 1982.

Attorney(s) appearing for the Case

Burton A. Rose, Philadelphia, for Mitchell, appellant (at No. 566) and appellee (at No. 590).

Ellen Mattleman, Assistant District Attorney, Philadelphia, for Commonwealth, appellant (at No. 590) and appellee (at No. 566).

Before HESTER, McEWEN and SHERTZ, JJ.

HESTER, Judge:

The defendant-appellant was indicted for Murder, Robbery, Conspiracy and Weapons Offenses. The jury trial was delayed while the Supreme Court of Pennsylvania heard his pre-trial appeal on the issue of whether Rule 1100 of the Pa. Rules of Criminal Procedure was violated. The defendant-appellant lost on the pre-trial appeal and the case was remanded for trial on May 13, 1977.

The trial convened on May 25, 1977; however, a mistrial resulted. The...

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