Supreme Court of Pennsylvania September 24, 1981, No. 80-2-272 (Commonwealth v. Warner)

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.