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COM. v. SMITH

380 Pa.Super. 484 (1988)

552 A.2d 292

COMMONWEALTH of Pennsylvania v. Eugene SMITH, Appellant.

Supreme Court of Pennsylvania.

Filed December 30, 1988.

Attorney(s) appearing for the Case

Rochelle S. Friedman, Pittsburgh, for appellant.

Terrance G. Faye, Assistant District Attorney, Greensburg, for Com., appellee.

Before CIRILLO, President Judge, and ROWLEY and TAMILIA, JJ.

ROWLEY, Judge:

This is an appeal from an order denying appellant's motion to quash criminal charges alleging that the prosecution is barred on grounds of double jeopardy. The sole question presented is whether a consent agreement entered into by a husband and wife, pursuant to the Protection From Abuse Act,1 creates a bar to criminal prosecution for the crimes alleged to have occurred out of the same conduct which brought about the consent...

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