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COMMONWEALTH v. O'BRYAN

243 Pa.Super. 289 (1976)

365 A.2d 856

COMMONWEALTH of Pennsylvania, Appellant, v. Daniel Brenner O'BRYAN.

Superior Court of Pennsylvania.

Decided November 22, 1976.

Attorney(s) appearing for the Case

Jess D. Costa, Dist. Atty., Fred J. Sentner, Asst. Dist. Atty., Washington, for appellant.

Frank A. Conte, Washington, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.

CERCONE, Judge.

This is an appeal by the Commonwealth from an order of the Court of Common Pleas of Washington County, Criminal Division, dismissing a prosecution pursuant to 18 P.S. § 109, Act of December 6, 1972, P.L. 1482, No. 334, § 1, which provides in pertinent part:

"When a prosecution is for a violation of the same provision of the statutes and is based upon the same facts as a former prosecution, it is barred by such former prosecution...

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