COM. v. WALLACE


411 Pa.Super. 576 (1992)

602 A.2d 345

COMMONWEALTH of Pennsylvania v. Richard WALLACE, Appellant.

Superior Court of Pennsylvania.

Filed January 15, 1992.


Attorney(s) appearing for the Case

Howard H. Brown, Upper Darby, for appellant.

Thomas J. Wagner, Asst. Dist. Atty., West Chester, for Com., appellee.

Before McEWEN, POPOVICH and BROSKY, JJ.


BROSKY, Judge.

This is an appeal from an order denying appellant's pretrial motion to dismiss all charges. Appellant raises two issues for disposition, one, whether appellant waived the defense of collateral estoppel by requesting a severance of one count from several others, and two, whether collateral estoppel precludes prosecution on the severed charge after he was acquitted of all charges in the preceding trial. We reverse.

Appellant was arrested on April...

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