Commonwealth v. Nichols

WATKINS, Judge:

This is an appeal by the Commonwealth from a post-verdict discharge of the defendant under Rule 1100 of Pa.Rules of Criminal Procedure after conviction of criminal trespass and conspiracy.

*310The pertinent procedure is as follows:

The defendant was charged with burglary, criminal trespass and conspiracy. The run date was December 15, 1980. The first preliminary hearing was continued on June 23, 1980 because of the illness of the arresting officer; at the next listing the co-defendant’s attorney was unavailable. The hearing was finally held on July 16, 1980 when he was held for…