COMMONWEALTH v. GREEN


232 Pa.Super. 134 (1975)

Commonwealth, Appellant, v. Green.

Superior Court of Pennsylvania.

February 27, 1975.


Attorney(s) appearing for the Case

Carolyn Engel Temin, Assistant District Attorney, with her Mark Sendrow and Steven H. Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellant.

Jay S. Gottlieb, with him Needleman, Needleman, Tabb & Eisman, for appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.


OPINION BY JACOBS, J., February 27, 1975:

This appeal by the Commonwealth raises the question whether an order by a judge at a preliminary hearing separating trials of offenses arising from the same episode is a violation of the statutory bar against subsequent prosecution as set forth in Section 110 of the Crimes Code.1 Since the hearing judge's order was consented to by the defendant, we hold that he has waived any right to object under...

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