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COM. v. REISS

301 Pa.Super. 96 (1982)

447 A.2d 259

COMMONWEALTH of Pennsylvania v. Keith REISS, Appellant.

Supreme Court of Pennsylvania.

Filed February 26, 1982.

Reargument Denied July 19, 1982.

Petition for Allowance of Appeal Granted November 5, 1982.

Attorney(s) appearing for the Case

Carol K. McGinley, Assistant Public Defender, Allentown, for appellant.

William Platt, District Attorney, Allentown, for Commonwealth, appellee.

Before SPAETH, HOFFMAN and VAN der VOORT, JJ.

HOFFMAN, Judge:

Appellant contends that the lower court erred in: granting the Commonwealth's petition for an extension of time for the commencement of trial under Pa.R.Crim.P. 1100(c); and, alternatively, admitting evidence of a photographic identification by a Commonwealth witness. For the reasons that follow, we reverse and remand for a new trial.

I

Appellant was arrested on June 29, 1978, pursuant to a complaint filed on June 27, 1978. Consequently...

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