Commonwealth v. Eller

Opinion by

Van per Yoort, J.,

On August 27, 1973, a criminal complaint was filed against defendant-appellee. He was arrested and arraigned on September 22, 1973. October 17, 1973, had been set for hearing, but defendant did not appear and was declared a fugitive. On July 23, 1973, the Grand Jury returned an indictment of “theft” against defendant, 1 who was re-arrested and arraigned on May 3, 1974. At this arraignment, defendant’s counsel moved to dismiss the indictment on grounds of violation of Pennsylvania Rule of Criminal Procedure 1100(a) (1) which provides that “[t]rial in a court case .…