Commonwealth v. Gaines

ROWLEY, President Judge.

James Gaines appeals from the judgment of sentence entered July 11, 1990 in the Court of Common Pleas of Philadelphia County. He raises the following two issues in this appeal: (1) whether the trial court erred in denying appellant’s motion to dismiss under Pa.R.Crim.P. 1100(d) where more than 120 days elapsed from the date his case was remanded by the Superior Court for retrial, and (2) whether the trial court erred in its instructions to the jury regarding appellant’s alibi defense. After considering these issues, we affirm the judgment of sentence.

The following…