COM. v. SMITH


426 Pa.Super. 31 (1993)

626 A.2d 178

COMMONWEALTH of Pennsylvania v. John SMITH and Anthony Tolbert, Appellants.

Superior Court of Pennsylvania.

Filed June 11, 1993.


Attorney(s) appearing for the Case

John R. Sobota, Wilkes-Barre, for appellants.

Scott Gartley, Asst. Dist. Atty., Wilkes-Barre, for Com., appellee.

Before TAMILIA, POPOVICH and CERCONE, JJ.


TAMILIA, Judge:

Appellants, John Smith and Anthony Tolbert, take this appeal from the Order of May 13, 1992 denying their post-verdict motion to dismiss the charge of third degree murder on double jeopardy and collateral estoppel grounds. Appellants were charged with criminal homicide,1 kidnapping2 and conspiracy,3 as a result...

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