Commonwealth v. Miller

HOFFMAN, Judge:

Appellant contends, inter alia, 1 that the lower court erred in granting the Commonwealth’s petition for extension of time to commence trial under Pa.R.Crim.P. 1100(c). We agree and, accordingly, reverse the judgment of sentence and order appellant discharged.

The particular nature of the issue herein requires us to recite the facts in some detail. On April 8, 1974, a criminal complaint was filed against appellant charging him with passing several bad checks. Appellant was arrested that same day. Under Pa.R.Crim.P. 1100(a)(1), the Commonwealth was obligated to bring appellant to…