273 Pa. Super. 428 417 A.2d 723

417 A.2d 723

COMMONWEALTH of Pennsylvania v. Joseph F. HILL, Appellant.

Superior Court of Pennsylvania.

Submitted June 29, 1979.

Filed Jan. 4, 1980.

Petition for Allowance of Appeal Denied Sept. 11, 1980.

*429John W. Packel, Assistant Public Defender, Chief, Appeals Division, Philadelphia, for appellant.

Eric B. Henson, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before WIEAND, ROBINSON and LOUIK, JJ.*

PER CURIAM:

Remanded for an evidentiary hearing. If it appears thereafter that the failure to commence trial within 180 days occurred despite due diligence by the Commonwealth and that the extensions granted by the lower court were *430proper, then appellant’s motion in arrest of judgment shall be dismissed. If, however, it appears that the failure to commence trial within 180 days was caused by a lack of due diligence on the part of the Commonwealth and that the extensions of time, therefore, were improperly granted, then the motion in arrest of judgment shall be granted and appellant shall be discharged.

ROBINSON, J., did not participate in the decision of this appeal.

Commonwealth v. Hill
273 Pa. Super. 428 417 A.2d 723

Case Details

Name
Commonwealth v. Hill
Decision Date
Jan 4, 1980
Citations

273 Pa. Super. 428

417 A.2d 723

Jurisdiction
Pennsylvania

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