Commonwealth v. Hude

Full title: COMMONWEALTH of Pennsylvania v. Manfred HUDE, Appellant

Court: Superior Court of Pennsylvania

Date published: Jun 15, 1979

267 Pa. Super. 133 (Pa. Super. Ct. 1979)

406 A.2d 554

Opinion

Argued March 20, 1979.

Decided June 15, 1979.

Appeal from the Court of Common Pleas, Lehigh County, Criminal Division at No. 1870 of 1975, Backenstoe, J.

Carol K. McGinley, Assistant Public Defender, Allentown, for appellant.

Scott K. Oberholtzer, Assistant District Attorney, Allentown, for Commonwealth, appellee.

Before PRICE, SPAETH and LIPEZ, JJ.

PRICE, Judge:

Appellant, 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).

1 18 Pa.C.S.A. § 4902.

2 18 Pa.C.S.A. § 110.

It 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.

Judgment of sentence affirmed.

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