Commonwealth v. Myrick, 360 A.2d 598 (Pa. 1976). · Go Syfert
Commonwealth v. Myrick, 360 A.2d 598 (Pa. 1976). Cases Citing This Book View Copy Cite
442 citation events (26 in the last 25 years) across 10 distinct courts.
Strongest positive: Commonwealth v. Lucarelli (pa, 2009-05-27)
Treatment trajectory · 1976 → 2026 · click a year to view as-of
1976 2001 2026
Top citers, strongest first. 42 distinct citers. How cited ↗
discussed Cited as authority (rule) Commonwealth v. Lucarelli (2×)
Pa. · 2009 · confidence medium
Absent this record indication of validity, the waiver will be ineffective. 468 Pa. 155, 160 , 360 A.2d 598, 600 (1976).
discussed Cited as authority (rule) Commonwealth v. Brown
Pa. Super. Ct. · 2005 · confidence medium
Hunt, supra at 1241 (internal citations omitted). ¶ 11 “Rule [600] is a rule of criminal procedure designed to implement and protect a defendant’s constitutional right to a speedy trial.” Commonwealth v. Myrick, 468 Pa. 155, 160 , 360 A.2d 598, 600 (1976).
cited Cited as authority (rule) Commonwealth v. Dallenbach
Pa. Super. Ct. · 1999 · confidence medium
Commonwealth v. Myrick, 468 Pa. 155, 161 , 360 A.2d 598, 600 (1976).
discussed Cited as authority (rule) Commonwealth v. Showers
Pa. Super. Ct. · 1996 · confidence medium
Such rule does not violate the general rule that one may not impeach his own witness because to contradict is not to impeach.” Commonwealth v. Myrick, 468 Pa. 155, 164 , 360 A.2d 598, 602 (1976) (citations omitted).
discussed Cited as authority (rule) Commonwealth v. Oliver
Pa. Super. Ct. · 1996 · confidence medium
Further, “[i]t is well settled that the particular terms of Rule 1100 ‘are neither directly granted by nor required by the Constitution.’ ” Commonwealth v. Sadler, 301 Pa.Super. 228, 232 , 447 A.2d 625, 627 (1982) (quoting Commonwealth v. Myrick, 468 Pa. 155, 161 , 360 A.2d 598, 600 (1976)).
discussed Cited as authority (rule) State v. Martin
S.D. · 1992 · confidence medium
“There are no formal requirements for a valid waiver ...; ‘[s]o long as there is an indication, on the record, that the waiver is the informed and voluntary decision of the defendant, it will be accorded prima facie validity.’ ” Id. (quoting Commonwealth v. Brown, 497 Pa. 7 , 438 A.2d 592, 594 (1981) (quoting Commonwealth v. Myrick, 468 Pa. 155 , 360 A.2d 598, 600 (1976))) (prior to 1982, the Pennsylvania speedy trial rule contained no express provision for waiver).
discussed Cited as authority (rule) State v. Beynon (2×)
S.D. · 1992 · confidence medium
The Pennsylvania Supreme Court has held that the speedy trial rule, “like the right to a speedy trial which it protects, may be waived.” Com. v. Brown, 497 Pa. 7 , 438 A.2d 592, 594 (1981); Com. v. Manley, 491 Pa. 461 , 421 A.2d 636, 640 (1980); Com. v. Myrick, 468 Pa. 155, 159 , 360 A.2d 598, 600 (1976).
discussed Cited as authority (rule) Commonwealth v. Knupp
Pa. · 1986 · confidence medium
Myrick , further stated that “either the colloquy or the signed statement would by themselves be sufficient record indication that the waiver was, prima facie, informed and voluntary.” 468 Pa. at 161 , 360 A.2d at 601 (emphasis supplied).
cited Cited as authority (rule) Commonwealth v. Stonehouse
Pa. · 1986 · confidence medium
Commonwealth v. Myrick, 468 Pa. 155, 164 , 360 A.2d 598, 602 (1976).
discussed Cited as authority (rule) Commonwealth v. Caden
Pa. Super. Ct. · 1984 · confidence medium
In Brown the Supreme Court noted: "There are no formal requirements for a valid waiver of Rule 1100; ‘[s]o long as there is an indication, on the record, that the waiver is the informed and voluntary decision of the defendant, it will be accorded prima facie validity.’” Id., 497 Pa. at 11 , 438 A.2d at 594 (quoting Commonwealth v. Myrick, 468 Pa. 155, 160 , 360 A.2d 598, 600 (1976)).
discussed Cited as authority (rule) Sadler v. Sheriff
3rd Cir. · 1984 · confidence medium
The particular terms of the rule "are neither directly granted by nor required by the Constitution." Commonwealth v. Myrick, 468 Pa. 155, 161 , 360 A.2d 598, 600 (1976). 12 As to the inapplicability of Rule 1100(a)(2) here, the Pennsylvania courts' different and allegedly more adverse treatment of juveniles does not necessarily constitute either a violation of the equal protection guarantees of the fourteenth amendment or the sixth amendment right to speedy trial as incorporated into the fourteenth amendment.
cited Cited as authority (rule) Sadler v. Sullivan
3rd Cir. · 1984 · confidence medium
The particular terms of the rule “are neither directly granted by nor required by the Constitution.” Commonwealth v. Myrick, 468 Pa. 155, 161 , 360 A.2d 598, 600 (1976).
cited Cited as authority (rule) Commonwealth v. Carey
Pa. Super. Ct. · 1983 · confidence medium
It is well settled that “Rule 1100, like the right to a speedy trial which it protects, may be waived.” Commonwealth v. Myrick, 468 Pa. 155, 159 , 360 A.2d 598, 600 (1976).
discussed Cited as authority (rule) Commonwealth v. Hughes
Pa. Super. Ct. · 1983 · confidence medium
As the Supreme Court said in Commonwealth v. Myrick, 468 Pa. 155, 160 , 360 A.2d 598, 600 (1976): As long as there is an indication, on the record, that the waiver is the informed and voluntary decision of the defendant, it will be accorded prima facie validity.
cited Cited as authority (rule) Commonwealth v. Zabala
Pa. Super. Ct. · 1983 · confidence medium
Repeatedly it has been held that ‘Rule 1100, like the right to a speedy trial which it protects, may be waived.’ Commonwealth v. Myrick, 468 Pa. 155, 159 , 360 A.2d 598, 600 (1976).
discussed Cited as authority (rule) Commonwealth v. Sawyer
Pa. Super. Ct. · 1982 · confidence medium
Our Supreme Court in Commonwealth v. Myrick, 468 Pa. 155, 164 , 360 A.2d 598, 602 (1976), when confronted with a similar situation stated: “It is well settled a party may contradict his own witness by independent evidence showing facts to be different from those testified to by such witness____ Such rule does not violate the general rule that one may not impeach.
cited Cited as authority (rule) Commonwealth v. Carelli
Pa. Super. Ct. · 1982 · confidence medium
Commonwealth v. Myrick, 468 Pa. 155 , 360 A.2d 598 *535 (1976); Commonwealth v. Daniels, 280 Pa.Super. 69 , 431 A.2d 291 (1981).
discussed Cited as authority (rule) Commonwealth v. Smith
Pa. · 1982 · signal: cf. · confidence medium
Cf. Commonwealth v. Myrick, 468 Pa. 155, 161 , 360 A.2d 598, 601 (1976) (either colloquy or signed statement reflecting defendant’s waiver of rights pursuant to Pa.R.
discussed Cited as authority (rule) Commonwealth v. Moyer
Pa. Super. Ct. · 1982 · confidence medium
A defendant may temporarily waive his rule 1100 rights, like the constitutional right to a speedy trial that it was designed to protect, by signing an appropriate statement explaining the nature of the rights he is waiving, “[s]o long as there is an indication, on the record, that the waiver is the [defendant’s] informed and voluntary decision.” Commonwealth v. Myrick, 468 Pa. 155, 160 , 360 A.2d 598, 600 (1976).
discussed Cited as authority (rule) Commonwealth v. Sadler (2×)
Pa. · 1982 · confidence medium
It is well settled, however, that the particular terms of rule 1100 “are neither directly granted by nor required by the Constitution.” Commonwealth v. Myrick, 468 Pa. 155, 161 , 360 A.2d 598, 600 (1976).
discussed Cited as authority (rule) Commonwealth v. Green
Pa. Super. Ct. · 1982 · confidence medium
In Commonwealth v. Manley, 491 Pa. 461 , 421 A.2d 636 (1980), our Supreme Court said: It is clear that “Rule 1100, like the right to a speedy trial which it protects may be waived.” Commonwealth v. Myrick, [ 468 Pa. 155, 159 , 360 A.2d 598, 600 (1976)].
cited Cited as authority (rule) Commonwealth v. Brown
Pa. · 1981 · confidence medium
It is clear that “Rule 1100, like the right to a speedy trial which it protects, may be waived.” Commonwealth v. Myrick, 468 Pa. 155, 159 , 360 A.2d 598, 600 (1976).
discussed Cited as authority (rule) Commonwealth v. Rodriquez (2×)
Pa. Super. Ct. · 1981 · confidence medium
In Commonwealth v. Myrick, 468 Pa. 155, 161 , 360 A.2d 598, 601 (1976), the Supreme Court, in a unanimous opinion authored by Justice Roberts, considered the requirements of a waiver of Rule 1100 and said: “Rule 1100 is a rule of criminal procedure designed to implement and protect a defendant’s constitutional right to a speedy trial.
cited Cited as authority (rule) Commonwealth v. Warner
Pa. · 1981 · confidence medium
Commonwealth v. Myrick, 468 Pa. 155, 160-161 , 360 A.2d 598, 600 (1976).
examined Cited as authority (rule) Commonwealth v. Waldman (4×)
Pa. · 1979 · confidence medium
But, "Rule 1100, like the right to a speedy trial which it protects, may be waived." Myrick, supra, 468 Pa. at 159, 360 A.2d at 600 .
cited Cited as authority (rule) Commonwealth v. Payton
Pa. Super. Ct. · 1978 · confidence medium
Commonwealth v. Myrick, 468 Pa. 155, 163 , 360 A.2d 598, 602 (1976).
discussed Cited as authority (rule) Commonwealth v. Laudenslager (2×)
Pa. Super. Ct. · 1978 · confidence medium
In Commonwealth v. Myrick, 468 Pa. 155, 159 , 360 A.2d 598, 600 (1976), our Supreme Court held that "Rule 1100, like the right to a speedy trial which it protects, may be waived." In formulating the requirements for the waiver of this rule, the court analogized to the basic requirements for a valid waiver of constitutional rights: "So long as there is an indication, on the record, that the waiver is the informed and voluntary decision of the defendant, it will be accorded prima facie validity.
discussed Cited as authority (rule) Commonwealth v. Weber (2×)
Pa. Super. Ct. · 1978 · confidence medium
“Rule 1100 is a rule of criminal procedure designed to implement and protect a defendant’s constitutional right to a speedy trial.” Commonwealth v. Myrick, 468 Pa. 155, 161 , 360 A.2d 598, 600 (1976).
discussed Cited as authority (rule) Commonwealth v. Webb (2×)
Pa. Super. Ct. · 1978 · confidence medium
In Commonwealth v. Myrick, 468 Pa. 155, at 161 , 360 A.2d 598, at 600 (1976), the Supreme Court held that a defendant may waive speedy trial rights protected by Rule 1100.
discussed Cited as authority (rule) Commonwealth v. Manley (2×)
Pa. Super. Ct. · 1977 · confidence medium
In Commonwealth v. Myrick, 468 Pa. 155, 161 , 360 A.2d 598, 600 (1976), the Supreme Court held that a defendant may waive speedy trial rights protected by Rule 1100.
examined Cited as authority (rule) Commonwealth v. Brown (4×)
Pa. Super. Ct. · 1977 · confidence medium
It was recently ruled in Commonwealth v. Myrick, 468 Pa. 155 , 360 A.2d 598, 600 (1976) that Rule 1100 might be waived by such a signed statement in the record.
discussed Cited "see" Com. v. Chibundu, K.
Pa. Super. Ct. · 2026 · signal: accord · confidence high
Accord Commonwealth v. Myrick, 360 A.2d 598 , 602 n.8 (Pa. 1976) (holding that “[i]n this case[,] appellant shot decedent, according to the most favorable testimony [for the appellant], after decedent had turned to flee.
examined Cited "see" Commonwealth v. Donaldson (4×)
Pa. · 1985 · signal: see · confidence high
See Commonwealth v. Myrick, 468 Pa. 155, 159 , 360 A.2d 598, 600 (1976).
discussed Cited "see" Commonwealth v. Turner (2×)
Pa. Super. Ct. · 1985 · signal: see · confidence high
See Commonwealth v. Myrick, 468 Pa. 155 , 360 A.2d 598 (1976); Commonwealth v. Darush, supra. Clearly, the trial judge was not obliged to accept appellant’s testimony that the residence in which he was arrested was his “place of abode.” Just as clearly, the trial judge could have believed appellant when he testified that he stayed with his sister from time to time.
discussed Cited "see" Commonwealth v. Manley (2×)
Pa. · 1980 · signal: see · confidence high
See Commonwealth v. Myrick, 468 Pa. 155 ,” 360 A.2d 598 (1976).
examined Cited "see" Commonwealth v. Black (4×)
Pa. · 1977 · signal: see · confidence high
See Commonwealth v. Myrick, 468 Pa. 155 , 360 A.2d 598 (1976); Commonwealth v. Cropper, supra, 463 Pa. 529 , 345 A.2d 645 (1975).
examined Cited "see" Commonwealth v. Lamonna (8×) also: Cited "see, e.g."
Pa. · 1977 · signal: see · confidence high
See Commonwealth v. Myrick, 468 Pa. 155 , 360 A.2d 598 (1976). [13] The Commonwealth does not argue that the trial court's order of February 19, 1975, changing the trial date from January 27, 1975 to March 10, 1975, remedies non-compliance with Rule 1100(a)(2).
examined Cited "see" Commonwealth v. Shields (4×)
Pa. Super. Ct. · 1977 · signal: see · confidence high
See Commonwealth v. Myrick, 468 Pa. 155 , 360 A.2d 598 (filed July 6, 1976); Commonwealth v. Hickson, 235 Pa.Super. 496 , 344 A.2d 617 (1975).
cited Cited "see" Commonwealth v. Brown
Pa. Super. Ct. · 1976 · signal: see · confidence high
See Commonwealth v. Myrick, - Pa.-, 360 A.2d 598 (filed July 6, 1976).
discussed Cited "see, e.g." Commonwealth v. Scott (2×)
Pa. Super. Ct. · 1979 · signal: see also · confidence low
See also, Commonwealth v. Brown, 248 Pa.Super. 134, 141 , 374 A.2d 1354, 1358 (1977). ‘Thus the Commonwealth’s claim that appellant waived the protection of Rule 1100 is formally valid, *240 for either the colloquy or the signed statement would by themselves be sufficient record indication that the waiver was, prima facie, informed and voluntary.’ Myrick, supra, 468 Pa. at 161 , 360 A.2d at 601 .” Commonwealth v. Thompson, 262 Pa.Super. 211, 216 , 396 A.2d 720, 722 (1978).
discussed Cited "see, e.g." State v. Billups (2×)
Ohio · 1979 · signal: see, e.g. · confidence low
See, e. g., Commonwealth v. Myrick (1976), 468 Pa. 155 , 360 A. 2d 598 ; State v. Cooper, supra; Twyman v. State, supra; Williams v. State (Tex. Crim.
examined Cited "see, e.g." Commonwealth v. Taylor (4×)
Pa. · 1978 · signal: see, e.g. · confidence low
See, e. g., Commonwealth v. Myrick, 468 Pa. 155 , 360 A.2d 598 (1976); Commonwealth v. Ingram, 455 Pa. 198 , 316 A.2d 77 (1974) (under Pa.R.Cr.P. 319(a), guilty plea colloquy must be on the record); Commonwealth v. Williams, 454 Pa. 368 , 312 A.2d 597 (1963) (under Pa.R.Cr.P. 1101, waiver of jury trial colloquy must be on the record).
Retrieving the full opinion text from the archive…
COMMONWEALTH of Pennsylvania
v.
Eugene MYRICK, Appellant
307.
Supreme Court of Pennsylvania.
Jul 6, 1976.
360 A.2d 598
Stephen P. Gallagher, Philadelphia, for appellant., Marianne E. Cox, Asst. Dist. Atty., Steven Goldblatt, Asst. Dist. Atty., Chief, Appeals Division, Abraham J. Gafni, Deputy Dist. Atty. for Law, F. Emmett Fitzpatrick, Dist. Atty., for appellee.
Jones, Eagen, O'Brien, Roberts, Pomeroy, Nix, Manderino.
Cited by 143 opinions  |  Published

OPINION OF THE COURT

ROBERTS, Justice.

Appellant Eugene Myrick was found guilty, following a non jury trial, of murder in the second degree, aggravated assault and possession of a firearm without a license. On this appeal, [1] he alleges (1) that his waiver of rights under Pa.R.Crim.P. 1100 was invalid, (2) that there was insufficient evidence to sustain the murder conviction and (3) that the Commonwealth was improp[*159] erly permitted to impeach one of its witnesses. Finding no merit to any of these claims, we affirm.

Appellant was arrested on November 10, 1973. By the terms of rule 1100, [2] the Commonwealth was obligated to try him within 270 days of his arrest, in this case August 7, 1974. On August 1, 1974, the Commonwealth asked appellant, through his attorney, to agree to a thirty day extension of time for trial to permit the homicide detective who had investigated the case to take his scheduled vacation. [3] Although the last day for trial under rule 1100 was August 7, 1974, appellant was told at the hearing on the Commonwealth’s request that the last day for trial was August 12, 1974. To confuse the issue further, the formal statement of agreement to extend the time for trial read into the record refers to the last day for trial as “8/4/74.” Petitioner agreed to the extension which he now challenges.

Appellant argues that rule 1100 is “mandatory” and that the trial court must satisfy itself that the Commonwealth has exercised “due diligence” as required by section (c) of rule 1100 before granting an extension of time under the rule. Although we have never ruled on this issue, we have no difficulty rejecting this contention. Rule 1100, like the right to a speedy trial which it protects, may be waived. The “due diligence” standard of rule 1100(c), which allows involuntary extension of time for trial without violating the rule, operates only when the Commonwealth seeks, without the defendant’s[*160] consent, an extension of time in which to bring him to trial. Section (c) has no bearing on the validity of the extension agreed to in this case. [4] We find no error in the trial court’s refusal to hold that rule 1100 may not be waived.

The Commonwealth has the burden of establishing the validity of any waiver. Commonwealth v. Cobbs, 452 Pa. 397, 305 A.2d 25 (1973); Commonwealth v. Goldsmith, 438 Pa. 83, 263 A.2d 322 (1970). In our Rules of Criminal Procedure, we have identified some formal requirements for valid waivers of important rights. In order for the Commonwealth to show a waiver of presentment to the grand jury there must be a dated and written waiver signed by the defendant and defense counsel, if represented, or executed in open court, if unrepresented. Pa.R.Crim.P. 215. A waiver of a jury trial requires the consent of defense counsel, a recorded colloquy showing the waiver to be voluntary and a dated written waiver signed by defendant and defense counsel. Pa.R.Crim.P. 1101. A guilty plea, which waives many important rights, requires a recorded, in court colloquy showing the plea to be knowing, intelligent and voluntary. Pa.R.Crim.P. 319; Commonwealth v. Ingram, 455 Pa. 198, 316 A.2d 77 (1974). All of these formal requirements for a waiver are intended to assure one thing —that the decision to waive these rights is the informed and voluntary act of the defendant and can be shown to be such by reference to the record. So long as there is an indication, on the record, that the waiver is the informed and voluntary decision of the defendant, it will be accorded prima facie validity. Absent this record indication of validity, the waiver will be ineffective. Moreover, these are merely formal indications of validity. In any waiver situation, the defendant may still at[*161] tempt to prove that the waiver is invalid by showing that it was unknowing, unintelligent or involuntary.

Rule 1100 is a rule of criminal procedure designed to implement and protect a defendant’s constitutional right to a speedy trial. Its particular terms, however, are neither directly granted by nor required by the Constitution. Nevertheless, the basic requirements for making a valid waiver of constitutional rights, as outlined above, are instructive in our consideration of the validity of a claimed waiver of the protections of rule 1100. Thus a waiver which would be formally adequate to waive a constitutional right would, a fortiori, be sufficient under the Federal Constitution to waive the protection of rule 1100. In this case the record contains not only an on-record colloquy but also a statement signed by the defendant and endorsed upon the indictment indicating the defendant’s willingness that trial time be extended. Thus the Commonwealth’s claim that appellant waived the protection of rule 1100 is formally valid, for either the colloquy or the signed statement would by themselves be sufficient record indication that the waiver was, prima facie, informed and voluntary.

The appellant, however, in a pro se motion filed before trial, and here on counselled appeal, claims that the waiver was involuntary because his agreement to extend the time under rule 1100 was improperly obtained by the Commonwealth’s representation that August 12, 1974, was the last day for trial. He explains that on August 1, 1974, he thought the detective was already on vacation but that the Commonwealth could easily have returned him to Philadelphia by August 12, 1974, eleven days from the date of the extension hearing. Had he known that the actual last day under rule 1100 was August 7, 1974, he would not have agreed to the extension because the Commonwealth might not have been able to secure the detective’s appearance.

[*162] The argument, however, is fatally flawed. The detective was not on vacation on August 1, 1974, and this fact was clearly stated at the hearing held on that date. The Commonwealth stated that if the extension were not agreed to, it would simply ask the Police Commissioner to cancel the detective’s vacation. Appellant was asked whether he wanted to go to trial on August 5, 1974, the scheduled date, or whether he would agree to a thirty day extension so as not to cause cancellation of the detective’s vacation.

Moreover, the record of the hearing establishes that there was confusion concerning the last day under rule 1100. Twice during the hearing, the date was stated to be August 12, 1974. Yet the statement of agreement read into the record by appellant’s attorney used the date “8/4/74” and the written agreement to extend returned to the date “8/12/74.” If the actual date were crucial to appellant, the conflict of dates used at the hearing would have prompted him or his counsel to inquire concerning the true date.

Appellant has attempted to show that his recorded waiver was nonetheless involuntary because of the Commonwealth’s, misrepresentation concerning the final date for trial under rule 1100. Appellant has, however, failed to convince either the hearing court or the post-verdict motion court that the discrepancy in dates was crucial to his waiver. We are satisfied that the Commonwealth has met its burden of proving the waiver valid.

Appellant’s sufficiency argument is based on a misunderstanding of the law. He claims that the Commonwealth offered evidence which was as consistent with innocence as with guilt and, therefore, did not prove the crime charged. The assertion is based upon conflicts in the testimony of two of the Commonwealth’s witnesses. One witness, a friend of appellant, testified, variously, that he did or did not see appellant with a gun, and that he did or did not see appellant fire the gun at decedent[*163] as decedent fled after an abortive attempt to shoot appellant. A second witness testified that decedent was not armed and that appellant, without any warning or provocation, shot both the witness and decedent, causing decedent’s death.

Appellant claims that, giving equal credence to both the most and the least favorable versions of the killing, [5] the Commonwealth has not proven the crime charged. This argument is completely without merit.

The credibility of witnesses is for the factfinder. [6] It may believe all, part, or none of a witness’ testimony. [7] It is apparent that the trial judge believed the witness whose testimony was internally consistent and adverse to appellant and chose to disbelieve the witness whose testimony was both internally inconsistent and inconsistent with the rest of the Commonwealth’s case.

Moreover, even accepting most of the favorable witness’ testimony, the factfinder could properly have returned a verdict of murder in the second degree. The witness testified that decedent pulled out a gun, attempted to fire it three or four times, and then turned to flee when the gun misfired for the last time. Appellant shot decedent at a distance of from fifteen to twenty feet.[*164] These facts, even if accepted as true, do not necessarily make out a claim of self-defense. [8]

Finally, appellant claims that the Commonwealth impermissibly impeached the “favorable” witness, following the trial court’s rejection of a plea of surprise, by calling a second witness who gave a contradictory version of the killing. This claim, too, is without merit.

“It is well settled a party may contradict his own witness by independent evidence showing facts to be different from those testified to by such witness. . . . Such rule does not violate the general rule that one may not impeach his own witness because to contradict is not to impeach. Impeachment is directed to the credibility of the witness for the purpose of discrediting him. It ordinarily furnishes no factual evidence. Contradiction on the other hand, is directed to the accuracy of testimony and supplies additional factual evidence to be considered along with such testimony. Such evidence as is relevant to the issues may not be excluded because it contradicts another witness called by the same party, whether such witness is friendly or hostile.”

Talley v. Richart, 353 Mo. 912, 917, 185 S.W.2d 23, 26 (1945), quoted with approval in Commonwealth v. Staino, 204 Pa.Super. 319, 327-28, 204 A.2d 664, 668 (1964). Commonwealth v. Smith, 424 Pa. 544, 548-49, 227 A.2d 653, 656 (1967).

Judgment of sentence affirmed.

1

. We hear this case under authority of the Appellate Court Jurisdiction Act of 1970, Act of July 31, 1970, P.L. 673, art. II, § 202(1), 17 P.S. § 211.202(1) (Supp.1975).

2

. Pa.R.Crim.P. 1100 provides:

“(a)(1) Trial in a court case in which written complaint is filed . . . after June 30, 1973 but before July 1, 1974 shall commence no later than two hundred seventy [270] days from the date on which the complaint is filed.”

In appellant’s case the 270 day period did not begin running until November 10, 1973, because he was at large and, therefore, unavailable during the period from complaint until arrest. See Pa.R. Crim.P. 1100(d)(1).

3

. At the time of the request, appellant’s trial was scheduled to begin August 5, 1974.

4

. The trial court, in this case, did not act under authority of section (c) because this was not an involuntary extension.

5

. Appellant does not argue that the version of the killing that is least favorable to him is insufficient to sustain the conviction. His only argument is that we must give equal weight to all versions of the killing presented in the Commonwealth’s case in chief.

6

. “[I]t is the exclusive province of the trier of facts to pass on the credibility of witnesses and the weight to be accorded their testimony.”

Commonwealth v. Smith, 457 Pa. 638, 641, 326 A.2d 60, 61 (1974); Commonwealth v. Garvin, 448 Pa. 258, 269, 293 A.2d 33, 39 (1972).

7

. See Commonwealth v. Smith, 457 Pa. 638, 641, 326 A.2d 60, 61 (1974); Commonwealth v. Garvin, 448 Pa. 258, 269, 293 A.2d 33, 39 (1972).

8

. A valid claim of self-defense requires that the person using deadly force (1) reasonably believed himself to be in danger of serious bodily injury or death, (2) believed that deadly force was necessary to protect himself, (3) did not provoke the person against whom he defended himself, and (4) violated no duty to retreat. See 18 Pa.C.S.A. 505 (1973); Commonwealth v. Johnston, 438 Pa. 485, 489, 263 A.2d 376, 379 (1970). In this case appellant shot decedent, according to the most favorable testimony, after decedent had turned to flee. In these circumstances, the trier of fact could properly reject a claim of self-defense because appellant no longer needed to use deadly force to protect himself.