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COM. v. BELLIS

497 Pa. 323 (1981)

440 A.2d 1179

COMMONWEALTH of Pennsylvania, Appellant, v. Isadore H. BELLIS, Appellee.

Supreme Court of Pennsylvania.

Decided December 23, 1981.

Reargument Denied February 24, 1982.

Attorney(s) appearing for the Case

Eric B. Henson, Deputy Dist. Atty., Bernard Siegel, Philadelphia, for appellant.

John Rogers Carroll, Philadelphia, for appellee.

Before O'BRIEN, C.J., and ROBERTS, NIX, LARSEN, FLAHERTY, KAUFFMAN and WILKINSON, JJ.

OPINION

KAUFFMAN, Justice.

This is an appeal by the Commonwealth from a Superior Court order reversing convictions of appellee, Isadore H. Bellis, for the common law crimes of misfeasance, malfeasance and nonfeasance in office (hereinafter collectively referred to as "common law crimes"). At issue is whether Section 1104 of the Penal Code precludes prosecution of an accused for both a statutory offense and a common...

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