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COMMONWEALTH EX REL. HARRIS v. MAZURKIEWICZ (05/18/70)

decided: May 18, 1970.

COMMONWEALTH EX REL. HARRIS, APPELLANT,
v.
MAZURKIEWICZ



Appeal from order of Court of Common Pleas, Trial Division, of Philadelphia, Oct. T., 1969, No. 181, in case of Commonwealth ex rel. Curtis Harris v. Joseph Mazurkiewicz.

COUNSEL

Bernard L. Segal, with him Julian King, and Needleman, Needleman, Segal & Tabb, for appellant.

James D. Crawford, Deputy District Attorney, with him Arlen Specter, District Attorney, for Commonwealth, appellee.

Bell, C. J., Cohen, Eagen, O'Brien, Roberts and Pomeroy, JJ. Mr. Justice Roberts dissents. Mr. Justice Jones took no part in the consideration or decision of this case.

Author: Per Curiam

[ 438 Pa. Page 553]

The Order of the Court below is vacated, and the record is remanded with instructions that defendant be afforded a trial on the indictments outstanding against him, within thirty (30) days from the filing of this Order.

Disposition

Order vacated and record remanded.

Mr. Justice Roberts dissents and would discharge appellant, his right to a speedy trial having been denied. See Smith v. Hooey, 393 U.S. 374, 89 S. Ct. 575 (1969); Hedgepeth v. United States, 364 F. 2d 684 (D.C. Cir. 1966); American Bar Association Project on Minimum Standards for Criminal Justice, Standards Relating to Speedy Trial, Section 4.1 (approved Draft 1968).

19700518

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