COM. v. ANTHONY


553 Pa. 55 (1998)

717 A.2d 1015

COMMONWEALTH of Pennsylvania, Appellee, v. Brian D. ANTHONY, Appellant.

Supreme Court of Pennsylvania.

Decided August 25, 1998.


Attorney(s) appearing for the Case

Joseph P. Burt, Erie, for Brian D. Anthony.

Joseph P. Conti, Christian A. Trabold, Erie, Elvage G. Murphy, for Com.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ.


OPINION OF THE COURT

CAPPY, Justice.

The question presented for review is whether the present prosecution of appellant is barred by the double jeopardy clause of the Fifth Amendment to the United States Constitution, principles of collateral estoppel, or the compulsory joinder provision of 18 Pa.C.S. § 110. (hereinafter § 110). As we find the present prosecution barred by the compulsory joinder provision of § 110 we do not reach the...

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