COMMONWEALTH v. FATTIZZO


223 Pa.Super. 378 (1972)

Commonwealth, Appellant, v. Fattizzo.

Superior Court of Pennsylvania.

December 11, 1972.


Attorney(s) appearing for the Case

Martin H. Belsky, Assistant District Attorney, with him Milton M. Stein, Assistant District Attorney, James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellant.

Jonathan Miller, Assistant Defender, with him Vincent J. Ziccardi, Defender, for appellee.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING, CERCONE, and PACKEL, JJ.


OPINION BY JACOBS, J., December 11, 1972:

The issue presented by this case is whether the immunity conferred on a federal grand jury witness under 18 U.S.C. § 25141 protects him from further proceedings under a state gambling prosecution in which he had been indicted prior to his federal testimony, the witness having replied affirmatively in his federal testimony to a question...

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