COM. v. WARRICK


344 Pa.Super. 611 (1985)

497 A.2d 259

COMMONWEALTH of Pennsylvania v. James WARRICK, Appellant.

Supreme Court of Pennsylvania.

Filed August 16, 1985.


Attorney(s) appearing for the Case

Samuel Garro, Philadelphia, for appellant.

Donna Zucker, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before WICKERSHAM, TAMILIA, and HOFFMAN, JJ.


HOFFMAN, Judge:

This is an appeal from the lower court's order denying appellant's pre-trial motion to quash the magistrate's transcript on the ground that double jeopardy prevents his prosecution for escape, 18 Pa.C.S.A. § 5121(a).1 Appellant contends that the Double Jeopardy Clauses of the United States and Pennsylvania Constitutions bar his trial on the escape charge because (1) all of the charges stemming from his act, i.e...

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