COMMONWEALTH v. SAUNDERS

Constitutional Law — Criminal law — Double jeopardy — Successive federal and state prosecutions — Violations of federal and state laws arising out of same acts of defendant.

HOFFMAN, J., filed a dissenting opinion.

Submitted November 9, 1970.

DISSENTING OPINION BY HOFFMAN, J.:

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.