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COMMONWEALTH v. DAVIS

No. 5027-91.

17 Pa. D. & C. 4th 439 (1992)

Commonwealth v. Davis

Common Pleas Court of Montgomery County, Pennsylvania.

June 30, 1992.

Attorney(s) appearing for the Case

Thomas C. Egan III, assistant district attorney, for the Commonwealth.

James P. Fox, for defendant.

NICHOLAS, P.J., June 30, 1992.

The defendant filed a motion to dismiss the charges indexed at 5027-91 [violation of the Controlled Substance, Drug Device and Cosmetic Act, i.e., possession and delivery or possession with intent to deliver a controlled substance, cocaine, on or about August 7, 1991] on grounds of double jeopardy/collateral estoppel. Defendant's motion was predicated on the fact that in a Gagnon...

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