Commonwealth v. Bellis

I agree that appellant must be discharged, but as my reasons differ from the majority’s I submit this separate opinion.

Following appellant’s conviction in Municipal Court of misbehavior in office and his appeal to the lower court for a trial de novo, the Commonwealth filed an information consisting of two counts. The first count charged appellant with misbehavior in office in connection with the $4,000 payment he received from John Betts on June 29, 1971; the *428second count charged the same offense in connection with the $5,000 payment appellant received from Betts on July 27, 1972. The…