Commonwealth v. Hill

Superior Court of Pennsylvania

Commonwealth v. Hill

417 A.2d 723, 273 Pa. Super. 428, 1980 Pa. Super. LEXIS 1819

CourtSuperior Court of Pennsylvania

DecidedJanuary 4, 1980

DocketNo. 2685

StatusPublished

Cited by1 cases

This text of 417 A.2d 723 (Commonwealth v. Hill) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Hill, 417 A.2d 723, 273 Pa. Super. 428, 1980 Pa. Super. LEXIS 1819 (Pa. Ct. App. 1980).

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Opinion

PER CURIAM:

Remanded for an evidentiary hearing. If it appears thereafter that the failure to commence trial within 180 days occurred despite due diligence by the Commonwealth and that the extensions granted by the lower court were [430]*430proper, then appellant’s motion in arrest of judgment shall be dismissed. If, however, it appears that the failure to commence trial within 180 days was caused by a lack of due diligence on the part of the Commonwealth and that the extensions of time, therefore, were improperly granted, then the motion in arrest of judgment shall be granted and appellant shall be discharged.

ROBINSON, J., did not participate in the decision of this appeal.

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PER CURIAM:

Remanded for an evidentiary hearing. If it appears thereafter that the failure to commence trial within 180 days occurred despite due diligence by the Commonwealth and that the extensions granted by the lower court were [430]*430proper, then appellant’s motion in arrest of judgment shall be dismissed. If, however, it appears that the failure to commence trial within 180 days was caused by a lack of due diligence on the part of the Commonwealth and that the extensions of time, therefore, were improperly granted, then the motion in arrest of judgment shall be granted and appellant shall be discharged.

ROBINSON, J., did not participate in the decision of this appeal.

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Bluebook (online)

417 A.2d 723, 273 Pa. Super. 428, 1980 Pa. Super. LEXIS 1819, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-hill-pasuperct-1980.

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