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COMMONWEALTH PENNSYLVANIA v. SHELDON FREEDMAN (04/12/83)

submitted: April 12, 1983.

COMMONWEALTH OF PENNSYLVANIA
v.
SHELDON FREEDMAN, APPELLANT



No. 125 October Term, 1979, Appeal from the Order of the Court of Common Pleas, Criminal Division, of Bucks County at No. 2023 of 1978.

COUNSEL

Nino V. Tinari, Philadelphia, for appellant.

Stephen B. Harris, Assistant District Attorney, Doylestown, for Com., appellee.

Hester, Montemuro and Popovich, JJ.

Author: Popovich

[ 317 Pa. Super. Page 208]

This is an appeal from the Order of the Court of Common Pleas of Bucks County denying appellant's, Sheldon Freedman's, petition to dismiss the charges filed against him at Criminal Information No. 2023 of 1978 on double jeopardy grounds.*fn1 See Commonwealth v. Bolden, 472 Pa. 602, 373 A.2d 90 (1977) (denial of pre-trial application to dismiss information on double jeopardy grounds is appealable). We affirm.

The complained of testimony was given by the Commonwealth's first witness, the victim, during the trial by jury on cross-examination by defense counsel and consists of the following:

BY MR. TINARI:

Q The $8,000 that you say that you had -- approximately $8,000 that you say you had on that particular day, that wasn't given to you by Mr. Graff, was it?

A Some of it, yes.

Q How much did he give you?

A $2,100.

[ 317 Pa. Super. Page ...


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