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COM. v. ROCHE

450 Pa.Super. 126 (1996)

675 A.2d 341

COMMONWEALTH of Pennsylvania, Appellant v. Martin ROCHE.

Superior Court of Pennsylvania.

Filed April 23, 1996.

Attorney(s) appearing for the Case

Ralph A. Germak, McAlisterville, Assistant District Attorney, for Commonwealth, appellant.

Arthur L. Gutkin, Conshohocken, for appellee.

Before McEWEN, P.J., and SAYLOR and HOFFMAN, JJ.

HOFFMAN, Judge:

This is an appeal from an April 17, 1995 trial court order in effect quashing the Commonwealth's writ of certiorari. Appellant, the Commonwealth of Pennsylvania, now raises the following issue for our review:

WHETHER A POST-HEARING DISMISSAL OF SUMMARY CHARGES ON CONSTITUTIONAL GROUNDS (DOUBLE JEOPARDY) ERRONEOUSLY ENTERED BY THE DISTRICT JUSTICE AS A "NOT GUILTY" VERDICT IS APPEALABLE BY THE COMMONWEALTH.

Appellant's Brief at 3....

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