Commonwealth v. Smith

SPAETH, Judge:

This appeal arises from judgment of sentence imposed upon appellant’s conviction of burglary, conspiracy, and four counts of robbery. Appellant makes four arguments in support of his prayer for discharge, or, in the alternative, remand for a new trial.

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Appellant argues that his rights under Pa.R.Crim.P. 1100(a) were violated. 1 Appellant was arrested on March 28, 1975. Accordingly, the one hundred eighty day period prescribed in the Rule for the commencement of trial ended on September 25, 1975. Appellant, however, was not tried during that period. On October 6, 1975, the…