Commonwealth v. Hall

WIEAND, Judge:

In this appeal by the Commonwealth from an order dismissing a criminal prosecution for homicide, we are called upon to apply Pa.R.Crim.P. 1100(e)(2) to a situation in which the Superior Court granted a new trial and thereafter denied a petition for reargument, and the Supreme Court denied a petition for allocatur and also a subsequent petition to reconsider. The trial court held that the period of one hundred and twenty (120) days within which to com-*571menee trial began to run when the Superior Court granted a new trial. Because this period had expired before Randall Hall, the…