Commonwealth v. Krall

HOFFMAN, Judge:

Appellant contends that the lower court erred when it granted the Commonwealth’s petition to extend the period in which to try the appellant pursuant to Rule 1100(c), Pa.R.Crim.P., 19 P.S. Appendix. 1 The only allegation of due diligence in the Commonwealth’s petition was that “. a trial cannot commence within the required period because [t]his case could not be tried during the May, 1975 Session of Court.” Although in its order extending the period the court refers to a hearing on the petition, there are no notes of testimony in the record. In a similar situation, we remanded…