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COMMONWEALTH v. FISHER (03/16/73)

decided: March 16, 1973.

COMMONWEALTH
v.
FISHER, APPELLANT



Appeal from order of Superior Court, Oct. T., 1971, Nos. 683 to 689, inclusive, affirming judgment of sentence of Court of Common Pleas of Delaware County, Jan. T., 1970, Nos. 853 to 863, inclusive, in case of Commonwealth of Pennsylvania v. Charles Fisher.

COUNSEL

John G. McDougall, Assistant Public Defender, for appellant.

Vram Nedurian, Jr., Assistant District Attorney, with him Stephen J. McEwen, Jr., District Attorney, for Commonwealth, appellee.

Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Opinion by Mr. Justice Eagen.

Author: Eagen

[ 451 Pa. Page 103]

On February 8, 1971, Charles Fisher was convicted by a jury in Delaware County of armed robbery and related charges stemming from the armed hold up of an Acme food market in Upper Darby on August 15, 1968. Post-trial motions were denied and a prison sentence was imposed. On appeal the Superior Court unanimously affirmed the judgment without opinion. [220 Pa. Superior Ct. 747, 286 A.2d 417 (1971)]. We granted allocatur.*fn1

The sole question presented is whether the trial court erred in denying a pretrial motion to dismiss the indictments due to the Commonwealth's failure to comply with the provisions of the Interstate Agreement on

[ 451 Pa. Page 104]

Detainers, Act of September 8, 1959, P. L. 829, Section 1, 19 P.S. ยง 1431, which provides for trial within one hundred and eighty (180) days after receipt of demand.*fn2

The chronology of events critical to the issue involved is as follows: On May 12, 1970, Delaware County authorities lodged five (5) detainers against Fisher who was incarcerated in the New Jersey State Prison at Trenton.

On June 9, 1970, Fisher properly advised the district attorney and the Court of Common Pleas of Delaware County that he was desirous of making final disposition of these detainers in accordance with the Interstate Agreement on Detainers, supra.

This communication reached the offices of the district attorney and court clerk ...


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