Superior Court of Pennsylvania, 1981

Commonwealth v. Jackson

Commonwealth v. Jackson
Superior Court of Pennsylvania · Decided May 29, 1981 · Price, Montemuro, Van Voort
430 A.2d 680; 287 Pa. Super. 430; 1981 Pa. Super. LEXIS 3868 (Atlantic Reporter, Second Series)

Commonwealth v. Jackson

Opinion

PRICE, Judge:

This is a Commonwealth appeal from an order granting the appellee’s petition to dismiss pursuant to Pa.R.Crim.P. 1100. We reverse and remand for trial.

In Commonwealth v. Bell, 245 Pa.Super. 164, 369 A.2d 345 (1976), aff’d 481 Pa. 229, 392 A.2d 691 (1978), we held that Pa.R.Crim.P. 1100 does not apply to juvenile proceedings and attaches only when a juvenile case is transferred to adult court. Recently, we have reaffirmed that position and additionally rejected a Due Process and Equal Protection attack on that holding. Commonwealth v. Sadler, - Pa.Super. - (filed April 3, 1981); Commonwealth v. Mitchell, 283 Pa.Super. 455, 424 A.2d 897 (1981).

Accordingly the order of September 10, 1980 is reversed and the case remanded for trial.

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