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COM. v. HENRY

294 Pa.Super. 482 (1982)

440 A.2d 568

COMMONWEALTH of Pennsylvania, Appellant, v. Richard HENRY.

Superior Court of Pennsylvania.

Filed January 19, 1982.

Attorney(s) appearing for the Case

William H. Platt, District Attorney, Allentown, for Commonwealth, appellant.

W. Hamlin Neely, Allentown, for appellee.

Before CAVANAUGH, JOHNSON and LIPEZ, JJ.

JOHNSON, Judge:

The Commonwealth appeals from the order of February 25, 1980, that discharged Appellee because his Rule 1100 rights1 had been violated. For the following reasons, we reverse and remand.

The complaint in the instant case was filed on April 5, 1979; but trial was not scheduled to commence until January 22, 1980 — a period of 292 days. Unless 112 days could be excluded under Rule 1100(d),2...

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