Commonwealth v. Herberg

MORRISON, J.,

At the conclusion of the testimony taken in the above non-jury case, heard on October 21, 1980, the court took the case under advisement and requested memoranda from counsel on the two legal issues raised in the course of the proceedings: The Rule 1100 issue raised by the defense and the Commonwealth’s motion to amend the information. We address the Rule 1100 issue first.

The facts are not in dispute. The complaint was filed on March 26, 1979 and 175 days thereafter defendant appeared before the court on September 17, 1979 and waived his rights under Pa.R.Crim.P. 1100 until “the…