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COM. v. SHIREY

343 Pa.Super. 189 (1985)

494 A.2d 420

COMMONWEALTH of Pennsylvania v. Everett E. SHIREY, Appellant.

Supreme Court of Pennsylvania.

Filed May 31, 1985.

Attorney(s) appearing for the Case

Dante G. Bertani, Public Defender, Greensburg, for appellant.

Perry S. Patterson, Deputy Attorney General, Coudersport, for Commonwealth, appellee.

Before MONTEMURO, JOHNSON and MONTGOMERY, JJ.

MONTEMURO, Judge:

This case is before us for the second time. In Commonwealth v. Shirey, 333 Pa.Super. 85, 481 A.2d 1314 (1984), we remanded this case1 and directed the lower court to transcribe the notes of testimony of May 15 and 16, 1980, in order to address appellant's contention that the double jeopardy clause of the Fifth Amendment barred this prosecution...

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