Commonwealth v. Smith

391 Pa. Superior Ct. 154 (1990)

570 A.2d 559

COMMONWEALTH of Pennsylvania

v.

Gary T. SMITH, Appellant.

Supreme Court of Pennsylvania.

Submitted August 15, 1989.

Filed February 22, 1990.

Michael P. Marryshow, Asst. Public Defender, Stroudsburg, for appellant.

David W. Skutnik, Asst. Dist. Atty., Effort, for Com., appellee.

Before WIEAND, BECK and MONTGOMERY, JJ.

BECK, Judge:

The instant appeal raises the issue of the applicability of 18 Pa.Cons.Stat.Ann. § 110 (Purdon 1983) which sets forth the circumstances under which a prosecution is barred by a former prosecution for a different offense. Since we…