Commonwealth v. Schuster

CAVANAUGH, Judge:

This is an appeal by the Commonwealth from an order granting the defendant’s application for dismissal under Pa.R.Crim.P. 1100(f). 1 Review of this order necessitates consideration of the lower court’s order denying the Commonwealth’s petition for an extension of time for commencement of trial under Pa.R.Crim.P. 1100(c). 2 For reasons stated herein, we remand this case to provide the defendant an opportunity to refute the Commonwealth’s claim of unavailability of one of its witnesses.

On June 21, 1979, a written complaint was lodged against the defendant charging him with…