[Download] "Commonwealth Pennsylvania v. James Edward Balog" by Superior Court of Pennsylvania " eBook PDF Kindle ePub Free

eBook details

Title: Commonwealth Pennsylvania v. James Edward Balog
Author : Superior Court of Pennsylvania
Release Date : January 19, 1990
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 75 KB

Description

In this case we are asked to decide whether the trial court abused its discretion when it ordered a mistrial, over defense counsels objections, as a result of Appellant/Defendants statement that his co-conspirator had been found not guilty in an earlier trial. Because we find that there was no "manifest necessity" to order a mistrial, we reverse the trial courts denial of Appellants motion to dismiss, and order the instant action dismissed on the basis that Appellants re-prosecution would violate the Double Jeopardy provisions of the United States and Pennsylvania Constitutions. Commonwealth v. Gains, 383 Pa. Super. 208, 556 A.2d 870, 876 (1989).