Commonwealth v. MacHi

SPAETH, Judge:

This is an appeal from a judgment of sentence for operating a lottery. Appellant argues that he was not tried within the period required by Pa.R.Crim.P. 1100.1 We have concluded that he was not, and therefore order him discharged.

The complaint was filed on February 28, 1978. A timely motion to suppress was filed, and was scheduled to be heard “on the date of trial, immediately prior to trial.” Order of Court dated June 1,1978 (not included in reproduced record). Trial was scheduled for July 17, 1978, and on that date the lower court heard the motion to suppress. The central…