Opinion
November 9, 1970.
April 15, 1971.
Constitutional Law — Criminal law — Double jeopardy — Successive federal and state prosecutions — Violations of federal and state laws arising out of same acts of defendant.
Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and CERCONE, JJ.
Appeal, No. 274, April T., 1970, from judgment of sentence of Court of Common Pleas, Criminal Division, of Allegheny County, Feb. T., 1969, No. 50, in case of Commonwealth of Pennsylvania v. Robert E. Saunders. Judgment of sentence affirmed.
Indictments charging defendant with armed robbery, violation of the Uniform Firearms Act, larceny, receiving stolen goods, illegal possession of dangerous and narcotic drugs, pandering, corrupting the morals of a minor, and related offenses. Before STRAUSS, J., without a jury.
Finding of guilty of armed robbery, pandering, corrupting the morals of a minor, and illegal possession of dangerous drugs, and judgment of sentence entered thereon. Defendant appealed.
John J. Dean, Assistant Public Defender, and George H. Ross, Public Defender, for appellant.
Carol Mary Los and Robert L. Campbell, Assistant District Attorneys, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.
HOFFMAN, J., filed a dissenting opinion.
Submitted November 9, 1970.
Judgment of sentence affirmed.
Appellant was convicted in federal district court for the armed robbery of a savings and loan institution. Subsequently, he was convicted by the Allegheny County Court of Common Pleas for the same robbery.
This conviction raises a question identical in all relevant respects with the appeal in Commonwealth v. Mills, 217 Pa. Super. 269, 269 A.2d 322 (1970). For the reasons stated in my dissenting opinion in that case, I would vacate the judgment of sentence and discharge appellant on this charge.