Commonwealth v. Cox

PRICE, Judge:

This Commonwealth appeal presents the question of whether the tendering of a guilty plea (eventually refused by the trial court) and concomitant ordering of a presentence report reflects a commitment of time and resources by the trial court so as to signify the “commencement of trial” for Rule 1100 1 purposes. We hold that trial in the instant case did not commence for purposes of the rule, and consequently, appellee was entitled to discharge.

The pertinent facts are as follows. On February 18, 1978, a criminal complaint was filed against appellee charging him with homicide by…