Commonwealth v. Mitchell

MONTGOMERY, Judge:

This case involves an appeal by the Commonwealth from an order granting the appellee’s petition to dismiss pursuant to Pa.R.Crim.P. 1100. In order to address the Commonwealth’s argument, we must set forth the procedural history of this case pertinent hereto.

Appellee, age seventeen, was arrested on February 4, 1978 and charged in a criminal complaint with a robbery and shooting which occurred on February 3, 1978 in Philadelphia. 1 On the same day, February 4, 1978, appellee was also arrested for a murder offense which likewise occurred on February 3, 1978.

When appellee was…