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COM. v. HOUTZ

496 Pa. 345 (1981)

437 A.2d 385

COMMONWEALTH of Pennsylvania, v. Carl Albert HOUTZ, Petitioner.

Supreme Court of Pennsylvania.

September 24, 1981.

Attorney(s) appearing for the Case

Anthony S. Federico, Jr., Harrisburg, for petitioner.

William A. Behe, Deputy Dist. Atty., Harrisburg, for the Commonwealth.

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

OPINION OF THE COURT

ROBERTS, Justice.

This matter presents a judgment of sentence imposed on verdicts of guilty of involuntary manslaughter, 18 Pa.C.S. § 2504, and homicide by vehicle, 75 Pa.C.S. § 3732. We conclude that, under the prohibition against double punishment embodied in the double jeopardy clauses, the sentence imposed on homicide by vehicle cannot stand.

Petitioner was charged with both crimes for his involvement in a fatal...

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