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COM. v. LEARN

356 Pa.Super. 382 (1986)

514 A.2d 910

COMMONWEALTH of Pennsylvania v. John F. LEARN, Appellant.

Supreme Court of Pennsylvania.

Filed September 2, 1986.

Attorney(s) appearing for the Case

Bruce L. Getsinger, Erie, for appellant.

Timothy Lucas, Assistant District Attorney, Erie, for Commonwealth, appellee.

Before CIRILLO, President Judge, and TAMILIA and POPOVICH, JJ.

CIRILLO, President Judge:

This is an appeal from an order of the Erie County Court of Common Pleas denying appellant, John F. Learn's, motion to dismiss on the basis of double jeopardy. Appellant was charged with delivery of a controlled substance (marijuana), possession of a controlled substance and possession with intent to deliver. After a five hour trial, the jury retired for deliberations. It deliberated for a day and one-half and then informed the court that...

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