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COM. v. SMALIS

331 Pa.Super. 307 (1984)

480 A.2d 1046

COMMONWEALTH of Pennsylvania, Appellant, v. Despina SMALIS, a/k/a Pepe Smalis. (Four cases.) COMMONWEALTH of Pennsylvania, Appellant, v. Ernest SMALIS, a/k/a Anatstasios Smalis. (Four cases.)

Supreme Court of Pennsylvania.

Filed June 29, 1984.

Petition for Allowance of Appeal Granted August 24, 1984.

Attorney(s) appearing for the Case

Melinda G. Tell, Assistant District Attorney, Pittsburgh, for Commonwealth, appellant.

Norma Chase, Pittsburgh, for Despina Smalis, appellee.

Thomas A. Livingston, Pittsburgh, for Ernest Smalis, appellee.

Before SPAETH, President Judge, and WICKERSHAM, BROSKY, ROWLEY, WIEAND, JOHNSON and HOFFMAN, JJ.

WIEAND, Judge:

The trial court in this criminal action sustained defense demurrers to charges of murder, voluntary manslaughter and causing a catastrophe. The Commonwealth appealed. We do not reach the substantive merits of the appeal. Principles of double jeopardy, as interpreted and applied by recent decisions of the Supreme Court of the United States, bar the Commonwealth's right of appeal and compel us to...

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