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COMMONWEALTH PENNSYLVANIA v. MERLE AUSTIN AFRICA (03/21/80)

SUPERIOR COURT OF PENNSYLVANIA


submitted: March 21, 1980.

COMMONWEALTH OF PENNSYLVANIA
v.
MERLE AUSTIN AFRICA, APPELLANT

Appeal No. 1460 October Term 1979, from the Order of the Court of Common Pleas of Philadelphia County, Trial Division, Criminal Section, Nos. 698-704 May Term 1978; Lord, Judge.

COUNSEL

Franklin D. Green, Philadelphia, for appellant.

Eric B. Henson, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Hester, Wickersham and Lipez, JJ.

Author: Per Curiam

[ 281 Pa. Super. Page 540]

Appellant appeals from the Order of the court below refusing to dismiss, on double jeopardy grounds, the indictments filed against her. That issue having been decided adversely to the appellants in Commonwealth v. Africa, 281 Pa. Super. 419, 422 A.2d 539 (1980), in which case appellant herein was also a co-defendant, the order of the court below is affirmed. (We note, for clarity, that this appellant, Merle Austin Africa, did not request either dismissal of the charges against her or a mistrial; her position is, therefore, identical to that of Gail Sims Africa, appellant at No. 1410 October Term 1978, supra.)

Order affirmed.

19800321

© 1998 VersusLaw Inc.



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