Commonwealth v. Hughes

CERCONE, Judge:

In the instant appeal from his conviction for aggravated assault, for which he received a sentence of five to ten years imprisonment, appellant argues that he was denied his right to a speedy trial pursuant to Pa.R.Crim.P., Rule 1100. 1 We agree and will reverse.

On January 26, 1975, a written complaint was filed charging appellant with aggravated assault. Following his waiver of a preliminary hearing, a York County grand jury indicted appellant on that charge on April 22, 1975. By June of 1975 the Commonwealth realized that appellant could not be tried until the August session…