Commonwealth v. Mitchum

SPAETH, Judge:

On this appeal from judgments of sentence for various crimes, 1 appellant argues that he was not tried within 90 days after he appealed a guilty verdict from the Municipal Court of Philadelphia, as required by Pa.R.Crim.P. 6013(g). 2

Appellant was tried twice in Municipal Court. The first trial ended in a mistrial. At the second trial, on November 15, 1974, appellant was found guilty. He appealed to the Court of Common Pleas on November 19, 1974. Thus the Commonwealth was obliged to try him again by February 17, 1975.

Trial was scheduled for January 14, 1975, but was continued to…