Opinion

Commonwealth v. Smith

  • 274 Pa. Super. 229
  • 418 A.2d 380
  • 1980 Pa. Super. LEXIS 1862
Court
Superior Court of Pennsylvania
Filed
Jan 11, 1980
Status
Published
Author
Hester
On the bench
Price, Hester, Van Voort, Jacobs
Cited by
6 cases

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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