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COM. v. BIAGINI

540 Pa. 22 (1995)

655 A.2d 492

COMMONWEALTH OF PENNSYLVANIA, Appellee, v. Bruce BIAGINI, Appellant. COMMONWEALTH of Pennsylvania, Appellant, v. BARRY W. (In the Interest of), Appellee.

Supreme Court of Pennsylvania.

Decided January 18, 1995.

Attorney(s) appearing for the Case

L. Edward Glass, Glass & Weaver, David J. Weaver, Johnstown, for appellant at No. 6.

Ronald Eisenberg, Deputy Dist. Atty., Norman Gross, Asst. Dist. Atty., for appellant at No. 3.

Wayne B. Gongaware, Asst. Dist. Atty., Jack Christin, Jr., for appellee at No. 6.

Steven C. Scarpa, Philadelphia, for appellee at No. 3.

Before NIX, C.J., and FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY, CASTILLE and MONTEMURO, JJ.

OPINION OF THE COURT

CAPPY, Justice.

These two appeals were consolidated for review by this Court as the Superior Court rendered inconsistent decisions. In each case the Superior Court addressed the question of whether an individual can be convicted for resisting arrest when it is subsequently determined that the underlying arrest was unlawful, as it was not supported by probable cause. In Biagini the...

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