Commonwealth v. Shirey

MONTEMURO, Judge:

This case is before us for the second time. In Commonwealth v. Shirey, 333 Pa.Super. 85, 481 A.2d 1314 (1984), we remanded this case 1 and directed the lower court to transcribe the notes of testimony of May 15 and 16, 1980, in order to address appellant’s contention that the double jeopardy clause of the Fifth Amendment barred this prosecution.

Appellant’s double jeopardy argument is that the prosecution of appellant on other charges docketed at Nos. 28 and 30 of 1980 in Potter County should have been consolidated with the prosecution of the charges in the instant appeal, 1.…