Commonwealth v. Hagans

JACOBS, Judge:

Again we are asked to decide whether a delay caused by a co-defendant is chargeable to appellant for purposes of computing the 180-day period in which a defendant must be brought to trial under Pa.R.Crim.P. 1100. On the basis of Commonwealth v. Brown, - Pa.Super. -, -, 364 A.2d 330, 332 (filed Sept. 27, 1976), where we held that “a delay caused by a co-defendant and not agreed to by a defendant cannot be charged to the defendant,” appellant’s judgment must be reversed.

A criminal complaint was filed against appellant, Edward Hagans, on January 8, 1975, charging him with burglary,…