Commonwealth v. Stewart

OPINION OF THE COURT

ROBERTS, Justice.

At approximately 9:20 p. m. April 25, 1974, appellant Walter Stewart was stopped and frisked by two police officers on a public street in Lancaster. After finding a pistol on appellant’s person and ten glassine packets containing what later proved to be heroin lying near him on the street, the police placed appellant under arrest.

At issue is whether the Commonwealth’s prosecution of appellant in separate trials, over two months apart, on charges arising from this incident violated the mandate of 18 Pa.C.S. § 110 (effective June 6, 1973), Commonwealth v.…