Hudgins v. Commonwealth

ANNUNZIATA, J., with whom CLEMENTS, J.,

joins, concurring, in part, and dissenting, in part.

I respectfully dissent from the majority opinion on the grounds that: (1) grand larceny from the person is not a lesser-included offense of robbery, and (2) Hudgins’s acquittal on the charge of robbery was not an acquittal of the lesser-included offense of petit larceny and, therefore, is not a bar to a subsequent prosecution for grand larceny from the person. Although I concur with the majority’s conclusion that collateral estoppel does not prevent the Commonwealth from prosecuting Hudgins for grand…