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COM. v. WARNER

504 Pa. 600 (1984)

476 A.2d 341

COMMONWEALTH of Pennsylvania, Appellant, v. Rena WARNER, Appellee.

Supreme Court of Pennsylvania.

Decided May 8, 1984.

Attorney(s) appearing for the Case

F. Ned Hand, Phyllis R. Streitel, Asst. Dist. Attys., Eric B. Henson, Maureen A. Brennan, Asst. Dist. Attys. (Amicus-PA District Attys. Assoc.), for appellant.

John R. Merrick, Public Defender, Candace G. McCoy, Asst. Public Defender, West Chester, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

OPINION OF THE COURT

HUTCHINSON, Justice.

The Commonwealth appeals by allowance Superior Court's order affirming an order of Chester County Common Pleas. Common Pleas had granted appellee's motion to dismiss a felony count under the Crimes Code in a two count information because it felt the other count, a misdemeanor under the Public Welfare Code, encompassed identical activity. Common Pleas then concluded that appellee could be prosecuted only under the...

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