Joseph T. Kownacki, Erie, for appellant.
Paul J. Susko, Assistant District Attorney, Erie, for Commonwealth, appellee.
Price,*fn* Brosky and Montemuro, JJ.
[ 311 Pa. Super. Page 414]
Appellant was convicted by a jury of aggravated assault and robbery in September, 1979. He was sentenced to a term of imprisonment of ten to twenty years and this appeal followed. On appeal, Mr. Thirkield argues that the lower court lacked jurisdiction to entertain a petition for extension of time filed by the Commonwealth in June, 1979;
[ 311 Pa. Super. Page 415]
that the lower court erred in denying a motion to dismiss filed by him in September, 1979; and, that the trial court should not have permitted a prior statement of a prosecution witness to be introduced into evidence at trial.*fn1 For the reasons that follow, we reverse the judgment.
The incident that led to appellant's conviction occurred in November, 1978 at a Holiday Inn in Erie, where an elderly man was beaten and robbed of a cashmere coat and a small amount of cash.
A complaint was filed on December 6, 1978 charging appellant with aggravated assault and robbery.
On April 6, 1979, a motion to suppress which had been argued in March was granted as to certain tangible evidence and statements made by appellant. The Commonwealth appealed from this order on May 8, 1979.
On June 4, a petition to extend the time of trial was filed; on June 22, 1979, following a hearing, the time of trial was extended to the September, 1979 term. The lower court explained in its opinion that it lacked jurisdiction to try the case in either the May or June terms of court because of the pendency of the Commonwealth's appeal.
On July 23, 1979, the Commonwealth's appeal was withdrawn.
On August 17, 1979, appellant filed a motion to dismiss which was denied following a ...