Commonwealth v. Kite

CAVANAUGH, Judge:

The Commonwealth appeals from the order of April 16, 1980, that granted appellee’s motion in arrest of judgment and discharged appellee because his Rule 1100 1 rights had been violated. For the following reasons, we reverse the order of the lower court discharging the appellee.

On July 20, 1979, a complaint was filed against appellee on charges of theft, robbery, and criminal conspiracy. The run date under Rule 1100 was, therefore, January 16, 1980.

The preliminary hearing for appellee and two co-defendants was scheduled for July 24, 1979; but it was continued until August 7,…