Commonwealth v. Bellis

OPINION

KAUFFMAN, Justice.

This is an appeal by the Commonwealth from a Superior Court order reversing convictions of appellee, Isadore H. Beilis, for the common law crimes of misfeasance, malfeasance and nonfeasance in office (hereinafter collectively referred to as “common law crimes”). At issue is whether Section 1104 of the Penal Code precludes prosecution of an accused for both a statutory offense and a common law offense when the misconduct charged could factually support a conviction for both, but the elements of the offenses are different. 1 We conclude that a common law prosecution is…