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COM. v. PATRICK

487 Pa. 16 (1979)

407 A.2d 382

COMMONWEALTH of Pennsylvania, v. Anthony PATRICK, Appellant.

Supreme Court of Pennsylvania.

Decided October 24, 1979.

Attorney(s) appearing for the Case

George C. Brady, III, Conshohocken, for appellant.

John J. Burfete, Jr., John T. Salvucci, Ronald T. Williamson, Asst. Dist. Attys., Norristown, for appellee.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, NIX, MANDERINO and LARSEN, JJ.

ORDER

PER CURIAM.

Mr. Justice Nix, joined by Mr. Chief Justice Eagen and Mr. Justice O'Brien, filed an Opinion in Support of Remand and would remand the case for an evidentiary hearing to ascertain whether the Commonwealth had met the due diligence requirement of Criminal Procedure Rule 1100(c).

Mr. Justice Roberts, joined by Mr. Justice Manderino, filed an Opinion in Support of Discharge and would discharge the appellant, being satisfied that a...

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