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COMMONWEALTH PENNSYLVANIA v. WAYNE THORPE (05/10/85)

filed: May 10, 1985.

COMMONWEALTH OF PENNSYLVANIA
v.
WAYNE THORPE, APPELLANT



Appeal No. 1427, Philadelphia 1981, from the Double Jeopardy order of May 14, 1981 in the Court of Common Pleas of Philadelphia County, Criminal Division, No. 1624 December Term, 1976; Before RIBNER, J.

COUNSEL

Richard P. Hunter, Jr., Philadelphia, for appellant.

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

Spaeth, President Judge, and Wickersham, Brosky, Wieand, Cirillo, Del Sole, Montemuro, Johnson, and Popovich, JJ. Wieand, J., files a concurring opinion. Brosky, J., joins, and files a concurring statement. Del Sole, J., files a dissenting statement in which Popovich, J., joins. Spaeth, President Judge, files a dissenting statement.

Author: Per Curiam

[ 342 Pa. Super. Page 317]

Today we decided that double jeopardy principles do not bar reprosecution of appellant's co-defendant on charges arising from the killing of Zollie Perry. Appellant raises the identical issue decided in that case, and we therefore affirm on the basis of Commonwealth v. Simons, 342 Pa. Super. 281, 492 A.2d 1119 (1985).

Order affirmed.

WIEAND, Judge, concurring:

I concur for reasons appearing in my concurring opinion in Commonwealth v. Simons, 342 Pa. Super. 281, 492 A.2d 1119 (1985).

BROSKY, Judge, concurring:

I concur on the basis of my Concurring Opinion in Commonwealth v. Simons, 342 Pa. Super. 281, 492 A.2d 397 (J. 1927/83, filed May 10, 1985).

SPAETH, President Judge, dissenting:

I dissent for the reasons stated in my Dissenting Opinion in Commonwealth v. Simons, 342 Pa. Super. 281, 492 A.2d 1119 ...


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