COM. v. MALLON


356 Pa.Super. 493 (1986)

515 A.2d 1

COMMONWEALTH of Pennsylvania, Appellant, v. Joseph MALLON, John Mattero, William Sweeney, Kurt Hecker, and John Hartung, Appellees.

Supreme Court of Pennsylvania.

Filed August 7, 1986.

Reargument Denied September 30, 1986.


Attorney(s) appearing for the Case

Robert A. Graci, Harrisburg, for Com., appellant.

Robert W. Auve, Chester, for Mallon, appellee.

Arthur T. Donato, Jr., Media, for Mattero, appellee.

Steven C. Leach, Newtown Square, for Sweeney, appellee.

James P. McHugh, Chester, Bala Cynwyd, for Hartung, appellee.

William A. George, Media, for Hecker, appellee.

Before OLSZEWSKI, TAMILIA and KELLY, JJ.


KELLY, Judge:

This case involves an appeal by the Commonwealth of an Order dismissing the criminal informations filed against each of the five defendants. The lower court found that further prosecution was barred by Pennsylvania Rule of Criminal Procedure 1100, which limits the time within which a criminal defendant must be brought to trial. We hold that the 180-day period set forth in Rule 1100 had not lapsed; we therefore reverse and remand the cases for further...

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