Commonwealth v. Tann

ROWLEY, Judge:

The Commonwealth appeals from an order denying its Petition to Extend the time for trial under Pa.R.Crim.P. 1100 and discharging appellee.

A complaint was filed against appellee on October 15, 1980. Therefore, the period for trial under Rule 1100 was due to expire on April 13,1981, one hundred and eighty days later. Trial was scheduled for April 7, 1981. The night before the trial, the prosecutor called the home of the sixteen-year-old victim, who had been subpoenaed, to remind him of his obligation to be present in court the next day. At that time, the prosecutor was advised by…