Commonwealth v. Masterson

CERCONE, President Judge:

The instant appeal arises from the refusal of the Court of Common Pleas of Philadelphia County, pursuant to the Crimes Code, 18 Pa.C.S. § 110 (1973), to quash the complaint charging appellant with involuntary manslaughter. It is appellant’s position that his discharge at a Philadelphia Traffic Court hearing on the charge of disregarding a red light constitutes an acquittal within the meaning of Section 110, so that he may not be prosecuted for the charge of involuntary manslaughter arising from the episode. We disagree and will affirm.

On the night of March 18, 1977,…