decided: March 31, 1977.
COMMONWEALTH OF PENNSYLVANIA
JOSEPH BORRIS, APPELLANT
Appeal No. 648 April Term, 1976, from Order dated March 4, 1976, of the Court of Common Pleas of Fayette County, Criminal Division at Nos. 378 and 378 1/2 of 1975; ADAMS, Judge.
Thomas P. Ruane, Jr., Uniontown, for appellant.
Conrad B. Capuzzi, District Attorney, Uniontown, for appellee.
Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Van der Voort, J., dissents.
[ 247 Pa. Super. Page 274]
The lower court has certified the instant case to this Court on a controlling question of law, see Appellate Court Jurisdiction Act, July 31, 1970, P.L. 673, No. 223, art. V, § 501; 17 P.S. § 211.501(b): whether the Commonwealth has failed to bring appellant to trial within the period mandated by Rule 1100, Pa.R.Crim.P., 19 P.S. Appendix. We have resolved that issue today in favor of the appellants in Commonwealth v. Mancuso, 247 Pa. Super. 266, 372 A.2d 454 (filed March 31, 1977); see also Commonwealth v. Richey, 247 Pa. Super. 274, 372 A.2d 459 (filed March 31, 1977). The instant case arises out of the same litigation and involves identical facts. Based on our decision in Mancuso, therefore, we order the charges against appellant be dismissed with prejudice. Rule 1100(f).
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