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COMMONWEALTH v. WILLIAMS (06/16/72)

decided: June 16, 1972.

COMMONWEALTH
v.
WILLIAMS, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Dauphin County, No. 682 of 1969, in case of Commonwealth of Pennsylvania v. Leslie Leroy Williams.

COUNSEL

Arthur K. Dils, for appellant.

Marion E. MacIntyre, Deputy District Attorney, with him LeRoy S. Zimmerman, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Jacobs, Hoffman, Spaulding, Cercone, and Packel, JJ. Opinion by Hoffman, J. Wright, P. J., would affirm on the opinion of President Judge Kreider. Watkins and Jacobs, JJ., dissent.

Author: Hoffman

[ 221 Pa. Super. Page 481]

This appellant was the co-defendant of Thomas Frederick Culpepper, whose appeal was decided this even date. The appeals of the two defendants are identical, and for the reasons stated in Commonwealth v. Culpepper, 221 Pa. Superior Ct. 472, 293 A.2d 122 (1972), we believe that appellant was placed twice in jeopardy for the same crime.

Therefore, the judgment of sentence is vacated, and appellant is discharged.

Disposition

Judgment of sentence vacated.

19720616

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