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COMMONWEALTH PENNSYLVANIA v. JOSEPH F. HILL (01/04/80)

SUPERIOR COURT OF PENNSYLVANIA


filed: January 4, 1980.

COMMONWEALTH OF PENNSYLVANIA
v.
JOSEPH F. HILL, APPELLANT

No. 2685 October Term, 1978, Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Trial Division of Philadelphia County, Imposed on Bill of Indictment No. 281, January Session, 1978.

COUNSEL

John W. Packel, Assistant Public Defender, Chief, Appeals Division, Philadelphia, for appellant.

Eric B. Henson, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Wieand, Robinson and Louik, JJ.*fn* Robinson, J., did not participate in the decision of this appeal.

Author: Per Curiam

[ 273 Pa. Super. Page 429]

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

[ 273 Pa. Super. Page 430]

    


*fn* Judge Otto P. Robinson of the Court of Common Pleas of Lackawanna County, Pennsylvania, and Judge Maurice Louik of the Court of Common Pleas of Allegheny County, Pennsylvania, are sitting by designation.

Robinson, J., died on or about November 7, 1979 and did not participate in the decision of this appeal.


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