# Commonwealth v. Smith

> Supreme Court of Pennsylvania · February 22, 1990 · 391 Pa. Super. 154

URL: https://www.frixlaw.com/law-library/cases/9647838

## Case

- **Full name:** COMMONWEALTH of Pennsylvania v. Gary T. SMITH, Appellant
- **Court:** Supreme Court of Pennsylvania
- **Decided:** February 22, 1990
- **Citations:** 391 Pa. Super. 154; 570 A.2d 559; 1990 Pa. Super. LEXIS 325
- **Precedential status:** Published
- **Opinion:** Concurrence by Wieand
- **Judges:** Wieand, Beck, Montgomery
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9647838

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9647838. Public record. Not legal advice.