Opinion
Submitted June 14, 1976.
July 21, 1977.
Proceedings upon petition by defendant to dismiss charges under Pa.R.Crim.P. 1100. Order entered dismissing charges, opinion by FRANCIOSA, J. Commonwealth appealed. Appeal, No. 102, Oct. T., 1976, from Court of Common Pleas of Northampton County, May T., 1974, No. 734. Submitted June 14, 1976.
Michael E. Riskin, Assistant District Attorney, and John E. Gallagher, District Attorney, for Commonwealth, appellant.
Richard J. Jacobs, for appellee.
Order affirmed.
WATKINS, P.J., and JACOBS, J., dissent.
VAN der VOORT, J., respectfully dissents from the Order affirming the discharge of the defendant in this case upon the grounds that Pa.R.Crim.P. 1100(f) has been violated by the Commonwealth for the reasons set forth in his Dissenting Opinion in the case of Commonwealth v. Shields, 247 Pa. Super. 74, 79, 371 A.2d 1333, 1335 (1977).