Commonwealth v. Bytheway

PRICE, Judge:

This appeal is from consolidated orders of the Court of Common Pleas of Delaware County denying the Commonwealth’s petition to extend the time for commencement of trial and dismissing the charges against appellee, Fred Bytheway. The Commonwealth contends it was entitled to an extension of time for commencement of appellee’s trial on the basis of judicial delay. See Pa.R.Crim.P. 1100(c). We disagree and thus affirm the orders entered below.

The relevant facts are these. A criminal complaint charging appellee with burglary was filed on November 23, 1977. Appellee was approved for…