decided: June 15, 1979.
COMMONWEALTH OF PENNSYLVANIA
MANFRED HUDE, APPELLANT
No. 1956 October Term, 1978, Appeal from the Judgment of Sentence of the Court of Common Plesd of Lehigh County, Criminal Division at No. 1870 of 1975.
Carol K. McGinley, Assistant Public Defender, Allentown, for appellant.
Scott K. Oberholtzer, Assistant District Attorney, Allentown, for Commonwealth, appellee.
Price, Spaeth and Lipez, JJ. Spaeth, J., dissents on the basis of the dissenting opinion by Hoffman, J., in Commonwealth v. Klinger, supra.
[ 267 Pa. Super. Page 134]
Appellant, on this appeal, argues that his trial and conviction of perjury*fn1 are barred by double jeopardy, collateral estoppel and Section 110 of the Crimes Code*fn2 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.