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COMMONWEALTH of Pennsyl v. nia, Appellant,

ORDER

PER CURIAM.

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.

HUTCHINSON, Justice, dissenting.

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.

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COM. v. McSORLEY
(Mar 31, 1986)