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COM. v. CORBIN

390 Pa.Super. 243 (1990)

568 A.2d 635

COMMONWEALTH of Pennsylvania, Appellant, v. Albert CORBIN, Appellee.

Supreme Court of Pennsylvania.

Filed January 5, 1990.

Attorney(s) appearing for the Case

Frances G. Gerson, Asst. Dist. Atty., Philadelphia, for Com., appellant.

Gerald A. Stein, Philadelphia, for appellee.

Before McEWEN, OLSZEWSKI and TAMILIA, JJ.

OLSZEWSKI, Judge:

This is an appeal from the order of the Court of Common Pleas of Philadelphia County granting Albert Corbin's (hereinafter appellee's) motion to dismiss pursuant to Rule 1100(c).1 On appeal, the Commonwealth submits that the trial court improperly ordered appellee discharged after concluding that the Commonwealth was not duly diligent in bringing appellant to trial. For the following reasons, we reverse.

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