Commonwealth v. Hickson

Opinion by

Jacobs, J.,

This case presents the issue 1 of whether appellant must be discharged where his new trial was held in vio lation of the time requirements of Pa.R.Crim.P. 1100(e) . 2 Because we find that appellant consented to the scheduling of the new trial for a date beyond the ninety-day period, we conclude that appellant may not now object and affirm the decision of the court below.

On December 6, 1973, appellant was fohnd guilty of aggravated robbery by the lower court sitting without a jury. The court subsequently in post-verdict motions awarded appellant a new trial on February 15,…