Opinion
Argued November 23, 1977.
May 16, 1978.
Indictment charging defendant with theft. Defendant's motion to dismiss indictments pursuant to Pa.R.Crim.P. 1100 denied. Before POPOVICH, J., without a jury. Finding of guilty and judgment of sentence entered. Defendant appealed. Appeal, No. 240, April T., 1977, from Court of Common Pleas, Criminal Division, of Allegheny County, Nos. 7506517 and 7506121. Argued November 23, 1977.
Ralph J. Cappy, Public Defender, for appellant; Robert E. Colville, District Attorney, for Commonwealth, appellee.
The case is remanded for hearing in the lower court on Pa.R.Crim.P. 1100 issue for which we have no record. Cf., Commonwealth v. Stabler, 251 Pa. Super. 194, 380 A.2d 444 (1977).
WATKINS, former P.J., did not participate in the consideration or decision of this case.