Commonwealth v. McDermott

HESTER, Judge:

This is a Commonwealth appeal from an order of the Court of Common Pleas of Philadelphia County granting appellee’s motion to dismiss pursuant to Pa.R.Cr.P. 1100. The procedural history and facts relevant to the issue on appeal are as follows:

Appellee was charged with attempted rape, indecent assault, aggravated assault and simple assault. The alleged crimes took place on February 11, 1978, late in the evening. The investigating officer obtained a warrant for appellee’s arrest on February 13, 1978. The officer attempted to execute the warrant from that date until the end of…