Commonwealth v. Hude

Superior Court of Pennsylvania

Commonwealth v. Hude

406 A.2d 554, 267 Pa. Super. 133, 1979 Pa. Super. LEXIS 2448

CourtSuperior Court of Pennsylvania

DecidedJune 15, 1979

DocketNo. 1956

StatusPublished

Cited by3 cases

This text of 406 A.2d 554 (Commonwealth v. Hude) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Commonwealth v. Hude, 406 A.2d 554, 267 Pa. Super. 133, 1979 Pa. Super. LEXIS 2448 (Pa. Ct. App. 1979).

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Opinion

PRICE, Judge:

Appellant, on this appeal, argues that his trial and conviction of perjury¹ are barred by double jeopardy, collateral estoppel and Section 110 of the Crimes Code² where he had previously been acquitted in two prior trials on various drug charges. We find that issue to be controlled by Commonwealth v. Klinger, 264 Pa.Super. 21, 398 A.2d 1036 (1979).

It is further contended that the evidence was insufficient to sustain the conviction. We have reviewed the record and find this contention to be without merit.

Judgment of sentence affirmed.

SPAETH, J., dissents on the basis of the dissenting opinion by HOFFMAN, J., in Commonwealth v. Klinger, supra.

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PRICE, Judge:

Appellant, on this appeal, argues that his trial and conviction of perjury¹ are barred by double jeopardy, collateral estoppel and Section 110 of the Crimes Code² where he had previously been acquitted in two prior trials on various drug charges. We find that issue to be controlled by Commonwealth v. Klinger, 264 Pa.Super. 21, 398 A.2d 1036 (1979).

It is further contended that the evidence was insufficient to sustain the conviction. We have reviewed the record and find this contention to be without merit.

Judgment of sentence affirmed.

SPAETH, J., dissents on the basis of the dissenting opinion by HOFFMAN, J., in Commonwealth v. Klinger, supra.

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406 A.2d 554, 267 Pa. Super. 133, 1979 Pa. Super. LEXIS 2448, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-hude-pasuperct-1979.

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