Opinion

Commonwealth v. Smith

  • 391 Pa. Super. 154
  • 570 A.2d 559
  • 1990 Pa. Super. LEXIS 325
Court
Supreme Court of Pennsylvania
Filed
Feb 22, 1990
Status
Published
Author
Wieand
On the bench
Wieand, Beck, Montgomery
Cited by
6 cases
Authority
More cited than 7.4%

reiterating the “‘fundamental’” point that “‘an accused must suffer jeopardy before he can suffer double jeopardy’”

How later courts described this case

  • reiterating the “‘fundamental’” point that “‘an accused must suffer jeopardy before he can suffer double jeopardy’”
  • it is “ ‘fundamental’ ” that “ ‘an accused must suffer jeopardy before he can suffer double jeopardy,’ ” and “ ‘[wjithout risk of a determination of guilt, jeopardy does not attach, and neither an appeal nor further prosecution constitutes double jeopardy.’ ”
  • district attorney’s decision not to prosecute case after trial court granted suppression of evidence based on exclusionary rule was not an acquittal

Written by the judges who cited it.

The opinion

WIEAND, Judge,

concurring:

I concur in the majority’s determination that a Commonwealth nol pros of criminal charges is not an acquittal of the defendant on such charges. See: Commonwealth v. McLaughlin, 293 Pa. 218 , 142 A. 213 (1928). For purposes of applying the provisions of 18 Pa.C.S. § 110, I would agree also with the trial court that the sale of marijuana on March 9, 1987 and the possession of cocaine and marijuana discovered upon execution of a search warrant for appellant’s residence on March 10, 1987 were not part of the same criminal episode.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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