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COM. v. BOLDEN

336 Pa.Super. 243 (1984)

485 A.2d 785

COMMONWEALTH of Pennsylvania, Appellant, v. Eugene M. BOLDEN.

Supreme Court of Pennsylvania.

Filed December 5, 1984.

Petition for Allowance of Appeal Denied April 24, 1985.

Attorney(s) appearing for the Case

Stuart B. Suss, Assistant District Attorney, West Chester, for Commonwealth, appellant.

William L. Howard, Malvern, for appellee.

Before CIRILLO, OLSZEWSKI and MONTGOMERY, JJ.

CIRILLO, Judge:

This is an appeal by the Commonwealth from an order dismissing rape, burglary, indecent assault, and simple assault charges against appellee, Eugene Bolden, on the basis of Pa.R.Crim.P. 1100. The case at bar presents the issue of the application of Rule 1100 to judicial delay. Initially, it must be noted that we are guided in our decision by the sentiments expressed by the Pennsylvania Supreme Court in Commonwealth v. Genovese,

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