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COM. v. REIPRISH

350 Pa.Super. 56 (1986)

504 A.2d 240

COMMONWEALTH of Pennsylvania, Appellant, v. Michael K. REIPRISH.

Supreme Court of Pennsylvania.

Filed January 24, 1986.

Attorney(s) appearing for the Case

Anthony J. Rosini, Shamokin, for appellant.

James J. Rosini, Milton, for appellee.

Before SPAETH, President Judge, and McEWEN and BECK, JJ.

BECK, Judge:

The issue before us is whether a notice of appeal from an order of a district justice to the court of common pleas acts as a stay to exclude the appeal time for purposes of Pa.R.Crim.P. 1100. We hold that such time is excludable. Therefore, the common pleas court erred in not excluding the appeal time in its Rule 1100 calculation and in dismissing the charges against appellee Reiprish. We vacate the order of the common pleas court and reinstate the charges...

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