Commonwealth v. Leatherbury

PRICE, Judge:

On May 6, 1977, appellant was found guilty after a non-jury trial of possessing an instrument of crime generally 1 and simple assault.2 Following denial of post-verdict motions and imposition of sentence, this timely appeal was filed. In addition to alleged insufficiency of the evidence, appellant asserts the Commonwealth’s failure to comply with Pa.R.Crim.P. 1100(a)(2),3 which mandates that a defendant be tried on or before the 180th day after a complaint’s filing. Because we find appellant’s Rule 1100 claim to be meritorious, we vacate the judgment of sentence and order…