Commonwealth v. Hude

Superior Court of Pennsylvania

Decided June 15, 1979

Superior Court of Pennsylvania · decided 1979-06-15

Cited by 3 later decisions — most recently March 1983

3 state decisions

Relies on 264 Pa. Super. 21 - Commonwealth v. Klinger

Good law ✅— No negative treatment on recordhow we know

Decided 1979-06-15

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PRICE, Judge:

¶1Appellant, on this appeal, argues that his trial and conviction of perjury1 are barred by double jeopardy, collateral estoppel and Section 110 of the Crimes Code2 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).

¶2It 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.

¶3Judgment of sentence affirmed.

SPAETH, J., dissents on the basis of the dissenting opinion by HOFFMAN, J., in Commonwealth v. Klinger, supra.

¶4. 18 Pa.C.S. § 4902.

¶5. 18 Pa.C.S. § 110.