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COMMONWEALTH PENNSYLVANIA v. CHARLES K. MCLELLAN (07/09/79)

argued: July 9, 1979.

COMMONWEALTH OF PENNSYLVANIA
v.
CHARLES K. MCLELLAN, APPELLANT



No. 70 Special Transfer Docket, Appeal from the Judgment of Sentences of the Court of Common Pleas of Chester County (No. 431 C of 1975).

COUNSEL

Barbara G. Scarlata, Assistant Public Defender, West Chester, for appellant.

Alan J. Jarvis, Assistant District Attorney, West Chester, for Commonwealth, appellee.

Wieand, Nix and Wekselman, JJ.*fn*

Author: Nix

[ 270 Pa. Super. Page 598]

This is an appeal from judgments of sentence entered upon jury verdicts finding appellant guilty of third degree murder and of lesser offenses arising out of the same criminal episode. Because appellant does not challenge the sufficiency of the evidence, only those facts pertinent to the issues raised will be set forth herein.

Appellant first alleges that the trial court erred in granting the Commonwealth's petition for extension under Pennsylvania Rule of Criminal Procedure 1100. The relevant chronology is as follows:

February 28, 1975: Complaint filed. Rule 1100(a)

     requires that trial

     begin within 180 days.

March 8, 1975: Appellant arrested in Nevada on fugitive warrant.

March 11, 1975: Preliminary arraignment (in Pennsylvania).

March 17, 1975: First preliminary hearing. Appellant objects to

     being precluded from calling certain witnesses.

March 19, 1975: Appellant petitions for ...


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