Commonwealth v. Lybrand

Appellant, Emanuel Lybrand, was convicted of murder of the first degree following a jury trial in the Court of Common Pleas of Philadelphia and sentenced to a term of life imprisonment. Lybrand appeals from the judgment of sentence.

Lybrand first claims the court below erred in denying his motion for discharge for violation of Pa.R.Crim.P. 1100(a)(1). 1 By agreement of the Commonwealth and Lybrand, the delay at issue extends from September 6,1973, the date of complaint, to April 29, 1975, the date on which counsel to replace Cecil Moore, Esquire, was appointed.

Following Lybrand’s arrest, he…