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COM. v. THORNTON

247 Pa.Super. 94 (1977)

371 A.2d 1343

COMMONWEALTH of Pennsylvania, Appellee, v. Thomas THORNTON, Appellant.

Superior Court of Pennsylvania.

Decided March 31, 1977.

Attorney(s) appearing for the Case

John R. Cook, Pittsburgh, with him John J. Dean, Pittsburgh, for appellant.

Charles W. Johns, Assistant District Attorney, Pittsburgh, with him Robert L. Eberhardt, Assistant District Attorney, and Robert E. Colville, District Attorney, Pittsburgh, for appellee.

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

CERCONE, Judge:

This appeal arises from appellant's conviction by a jury of involuntary manslaughter.1 The question raised in this case is whether appellant's guilty plea to a summary offense under the Vehicle Code2 barred his subsequent prosecution for involuntary manslaughter. The unusual facts of this case are as follows.

On May 21, 1975, Mrs. Marie Marcin was killed when appellant's car, driven...

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