Commonwealth v. Polsky

OPINION OF THE COURT

ROBERTS, Justice.

A jury found appellant Robert Polsky guilty of murder of the third degree and possession of an instrument of crime. The Court of Common Pleas of Philadelphia denied appellant’s written post-verdict motions and sentenced appellant. On these appeals, appellant renews his claim under Pa.R. *362Crim.Proc. 1100(a)(2) that charges against him should have been dismissed with prejudice. Factual issues necessary to resolution of appellant’s claim have not been resolved. We therefore remand the proceedings for a new hearing.1

On August 7, 1975, a complaint charging…