Commonwealth v. McSorley

Supreme Court of Pennsylvania March 31, 1986

Commonwealth v. McSorley, 506 A.2d 895 (Pa. 1986)

509 Pa. 621; 1986 Pa. LEXIS 740

Nix, Larsen, Flaherty, McDer-mott, Hutchinson, Zappala, Papadakos, McDermott

Opinion of the Court

ORDER

PER CURIAM.

The order of the Superior Court is affirmed.1

HUTCHINSON, J., filed a dissenting opinion in which LARSEN and McDERMOTT, JJ., joined.

. The order of this Court is not to be interpreted as adopting the reasoning of the Superior Court Opinion Announcing the Judgment of the Court insofar as it relates to the prohibition against double jeopardy.

Dissenting Opinion

HUTCHINSON, Justice,

dissenting.

I dissent. I would reverse the order of Superior Court and remand to Common Pleas for further proceedings against appellee, on the dissenting opinion of Judge Stephen J. McEwen, Jr., Commonwealth v. McSorley, 335 Pa. Superior Ct. 522, 533-36, 485 A.2d 15, 21-23 (1984) (McEwen, J., dissenting).

LARSEN and McDERMOTT, JJ., join this dissenting opinion.

Reference

Full Case Name: COMMONWEALTH of Pennsylvania, Appellant, v. John J. McSORLEY, Jr., Appellee
Cited By: 11 cases
Status: Published