where Commonwealth made no attempt to secure defendant while statute of limitations ran, requiring charges be dismissed
How later courts described this case
- where Commonwealth made no attempt to secure defendant while statute of limitations ran, requiring charges be dismissed
- Incarceration is not by itself sufficient to render defendant unavailable for trial for purposes of Rule 1100(d)
Written by the judges who cited it.
The opinion
HESTER, Judge,
dissenting:
I dissent. I would affirm on the Opinion of Judge Salmon of the court below.
VAN der VOORT, J., joins in this dissenting statement.