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COM. v. WILLS

370 Pa.Super. 173 (1987)

536 A.2d 351

COMMONWEALTH of Pennsylvania, Appellant v. Stanley Arlan WILLS.

Supreme Court of Pennsylvania.

Filed December 21, 1987.

Reargument Denied February 1, 1988.

Attorney(s) appearing for the Case

Joseph A. Curcillo, III, Assistant District Attorney, Clearfield, for Com., appellant.

David M. McGlaughlin, Philadelphia, for appellee.

Before WIEAND, KELLY and POPOVICH, JJ.

WIEAND, Judge:

The issue in this appeal is whether delay caused by a frivolous motion to dismiss on double jeopardy grounds is excludable for purposes of computing the one hundred and twenty (120) days within which a retrial must commence after a first trial has ended in a mistrial.1 The trial court declined to exclude any time on account of such delay and dismissed drug charges because...

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