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COM. v. GREEN

503 Pa. 278 (1983)

469 A.2d 552

COMMONWEALTH of Pennsylvania, Appellee, v. Derek GREEN, Appellant.

Supreme Court of Pennsylvania.

Decided December 30, 1983.

Attorney(s) appearing for the Case

Donald M. Moser, Philadelphia (court appointed), for appellant.

Robert B. Lawler, Chief, Appeals Div., Asst. Dist. Atty., Eric B. Henson, Deputy Dist. Atty., for appellee.

Before ROBERTS, C.J., and NIX, LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON and ZAPPALA, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

On April 15, 1977, Derek Green was convicted by a jury of the burglary and robbery at the Sylvester Smith family home in Philadelphia. Prior to trial and again in post-trial motions, appellant challenged his conviction on the basis of an alleged violation of Pa.R.Crim.P. 1100(a)(1).1 Appellant prevailed, and the trial court ultimately discharged appellant on the basis of a violation of...

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