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COM. v. GRAZIER

481 Pa. 622 (1978)

393 A.2d 335

COMMONWEALTH of Pennsylvania v. Frank E. GRAZIER, Appellant. COMMONWEALTH of Pennsylvania v. Eldon G. STUDEBAKER, Appellant.

Supreme Court of Pennsylvania.

Decided October 5, 1978.

Attorney(s) appearing for the Case

Samuel J. Reich, Mark L. Glosser, Pittsburgh, John B. Koontz, Bedford, for Frank A. Grazier.

Gordon E. Stroup, Dist. Atty., J. Andrew Smyser, Deputy Atty. Gen., Bedford, for the Com.

H. David Rothman, Pittsburgh, for Eldon G. Studebaker.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, POMEROY, NIX and LARSEN, JJ.

OPINION

O'BRIEN, Justice.

This appeal is from an order of the Superior Court which reversed the Court of Common Pleas, Bedford County and held that a prior acquittal in Federal District Court of mail fraud in connection with an alleged arson scheme does not bar a state trial of appellants for the substantive crime of arson. We believe, however, that the acquittal in Federal Court does bar the state prosecution when both prosecutions are based on substantially...

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