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Com. v. McSorley

Supreme Court of Pennsylvania
Mar 31, 1986
509 Pa. 621 (Pa. 1986)

Summary

enforcing an incomplete agreement based upon detrimental reliance

Summary of this case from Commonwealth v. Cosby

Opinion

Argued December 6, 1985.

Decided March 31, 1986.

Appeal No. 39 E.D. Appeal Docket 1985 from a Judgment and Opinion of the Superior Court, 335 Pa. Super. 522, 485 A.2d 15 (1984) dated November 9, 1984, (case No. 1557 Philadelphia, 1982), which Judgment and Opinion remanded with directives from an Order of the Court of Common Pleas of Montgomery County, Pennsylvania, Criminal Division, at No. 3721-81; Samuel J. Salus, II, Judge.

Thomas E. Waters, Dist. Atty., Ronald T. Williamson, Chief/Appeals Div., J. William Dittor, III, Asst. Dist. Atty., Bart C. Tuttle, for appellant.

Eric J. Cox, Robert J. Vagnoni, Norristown, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.


ORDER


The order of the Superior Court is affirmed.

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.

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


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. Super. 522, 533-36, 485 A.2d 15, 21-23 (1984) (McEwen, J., dissenting).

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


Summaries of

Com. v. McSorley

Supreme Court of Pennsylvania
Mar 31, 1986
509 Pa. 621 (Pa. 1986)

enforcing an incomplete agreement based upon detrimental reliance

Summary of this case from Commonwealth v. Cosby
Case details for

Com. v. McSorley

Case Details

Full title:COMMONWEALTH of Pennsylvania, Appellant, v. John J. McSORLEY, Jr., Appellee

Court:Supreme Court of Pennsylvania

Date published: Mar 31, 1986

Citations

509 Pa. 621 (Pa. 1986)
506 A.2d 895

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