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IN INTEREST OF SPAUSE

381 Pa.Super. 166 (1989)

553 A.2d 87

In the Interest of Matthew SPAUSE. (Two Cases) Appeal of Matthew SPAUSE. (Two Cases)

Supreme Court of Pennsylvania.

Filed January 27, 1989.

Attorney(s) appearing for the Case

Karl Baker, Assistant Public Defender, Philadelphia, for appellant.

Alan Sacks, Assistant District Attorney, Philadelphia, for Com.

Before CIRILLO, President Judge, and BECK and KELLY, JJ.

CIRILLO, President Judge:

This is an interlocutory appeal taken by Matthew Spause, a juvenile, following the denial of his motion to dismiss the prosecution of two juvenile delinquency petitions, involving rape of his four-year old niece and escape from a shelter in which he had been placed pending the proceedings on the rape petition. Spause's motion to dismiss was based upon double jeopardy grounds.

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