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COMMONWEALTH PENNSYLVANIA v. JEFFREY A. WARNER (09/24/81)

decided: September 24, 1981.

COMMONWEALTH OF PENNSYLVANIA, APPELLANT,
v.
JEFFREY A. WARNER



No. 80-2-272, Appeal from the Order of the Superior Court at No. 43 March Term, 1978, entered August 9, 1979, reversing the Judgment of Sentence of the Court of Common Pleas of Adams County, at No. CC-175-77, entered January 27, 1978.

COUNSEL

Gary E. Hartman, Dist. Atty., for appellant.

John R. Gailey, Jr., York, for appellee.

O'Brien, C. J., and Roberts, Nix, Larsen, Flaherty, Kauffman and Wilkinson, JJ. Larsen, J., files a dissenting opinion in which Kauffman, J., joins. Flaherty, J., files a dissenting opinion in which Kauffman, J., joins. Flaherty and Kauffman, JJ., join in this dissenting opinion.

Author: Per Curiam

[ 495 Pa. Page 647]

OPINION OF THE COURT

Appeal dismissed as improvidently granted. See Quinn v. Muscare, 425 U.S. 560, 96 S.Ct. 1752, 48 L.Ed.2d 165 (1976) (certiorari dismissed where, subsequent to grant of writ, developments in law make review unnecessary).

LARSEN, Justice, dissenting.

I dissent from the dismissal of this appeal as improvidently granted. In my opinion, the Superior Court acted improperly in discharging appellee, under Rule 1100 of the Pennsylvania Rules of Criminal Procedure, and its order should be reversed.

The appellee in this case was charged with driving while under the influence (formerly 75 P.S. § 1037) and involuntary manslaughter (18 Pa.C.S.A. § 2504) for the death that

[ 495 Pa. Page 648]

    resulted therefrom. The incident occurred in July of 1977, and trial was scheduled to begin the same month. Appellee's counsel, however, petitioned the trial court for a continuance and was granted the same. On the "Application for Trial Continuance" appellee signed his name after the following paragraph:

I am aware and have been advised of the implications and consequences of the above application and (do not have) objection to the continuance. I am further aware of my right to a speedy trial and that a continuance shall cause a ...


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