COM. v. STEWART


493 Pa. 24 (1981)

425 A.2d 346

COMMONWEALTH of Pennsylvania v. Walter Lee Jefferson STEWART, Appellant.

Supreme Court of Pennsylvania.

Decided January 30, 1981.


Attorney(s) appearing for the Case

Thomas G. Klingensmith, Asst. Public Defender, Lancaster County, for appellant.

Joseph C. Madenspacher, Asst. Dist. Atty., Lancaster County, for appellee.

Before O'BRIEN, C.J., and ROBERTS, NIX, LARSEN, FLAHERTY and KAUFFMAN, JJ.


OPINION OF THE COURT

ROBERTS, Justice.

At approximately 9:20 p.m. April 25, 1974, appellant Walter Stewart was stopped and frisked by two police officers on a public street in Lancaster. After finding a pistol on appellant's person and ten glassine packets containing what later proved to be heroin lying near him on the street, the police placed appellant under arrest.

At issue is whether the Commonwealth's prosecution of appellant in separate trials...

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