COM. v. WELSH


387 Pa.Super. 388 (1989)

564 A.2d 233

COMMONWEALTH of Pennsylvania v. Royce WELSH, Appellant.

Supreme Court of Pennsylvania.

Filed September 15, 1989.


Attorney(s) appearing for the Case

Charles R. Witaconis, Asst. Public Defender, Scranton, for appellant.

Andrew Jarbola, Dist. Atty., Scranton, for Com., appellee.

Before DEL SOLE, TAMILIA and CERCONE, JJ.


DEL SOLE, Judge.

This is an appeal of a judgment of sentence following the non-jury trial of Appellant, Royce Welsh, who was convicted of the crime of escape because of his failure to return to a half-way house after he was given a temporary pass to visit his family.

Mr. Welsh contends on appeal that the court erred in denying his pre-trial motion to dismiss due to the violation of Pa.R.Crim.P., Rule 1100, 42 Pa.C.S.A. We agree and therefore need not address...

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