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COM. v. WALLS

272 Pa.Super. 284 (1979)

415 A.2d 890

COMMONWEALTH of Pennsylvania v. Lionel WALLS, Appellant. COMMONWEALTH of Pennsylvania v. Maxine WALLS, Appellant.

Superior Court of Pennsylvania.

Filed December 5, 1979.

Petition for Allowance of Appeal Denied June 18, 1980.

Attorney(s) appearing for the Case

Sally Frick, Pittsburgh, for appellant.

Susan Ruffner, Assistant District Attorney, Pittsburgh, for appellee.

Before CERCONE, President Judge, and WIEAND and HOFFMAN, JJ.

CERCONE, President Judge:

The instant appeal arises from the refusal of the lower court to dismiss appellants' indictments which led to appellants' trial a third time on the charges of illegal possession and possession with intent to deliver a controlled substance, heroin.1 Appellants claim the third trial will offend against their constitutional right not to be twice placed in jeopardy.

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