Opinion
Submitted March 21, 1980.
Filed: October 24, 1980.
Appeal from the Court of Common Pleas of Philadelphia County, Trial Division, Criminal Section, Nos. 705-711 May Term 1978; Lord, Judge
Eugene H. Clarke, Jr., Philadelphia, for appellant.
Eric B. Henson, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.
Before HESTER, WICKERSHAM and LIPEZ, JJ.
Appellant appeals from the Order of the court below refusing to dismiss, on double jeopardy grounds, the indictments filed against him. That issue having been decided adversely to the appellants in Commonwealth v. Africa, 281 Pa. Super. 419, 422 A.2d 539 (1980), in which case appellant herein was also a codefendant, the order of the court below is affirmed. (We note, for clarity, that appellant Delbert Orr Africa requested dismissal of the charges against him but did not request a mistrial; his position is, therefore, identical to that of Phil Smith Africa, appellant at No. 1432 October Term 1979, supra.)
Order affirmed.