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COMMONWEALTH v. DOOLEY

225 Pa.Super. 454 (1973)

Commonwealth, Appellant, v. Dooley.

Superior Court of Pennsylvania.

September 19, 1973.

Attorney(s) appearing for the Case

Robert L. Eberhardt, Assistant District Attorney, with him Robert W. Duggan, District Attorney, for Commonwealth, appellant.

John R. Cook, Assistant Public Defender, with him John J. Dean, Assistant Public Defender, and George H. Ross, Public Defender, for appellee.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING, CERCONE, and SPAETH, JJ.

OPINION BY HOFFMAN, J., September 19, 1973:

The appellee, Charles Dooley was tried before the Honorable ALBERT A. FIOK and a jury on an indictment charging the arson felony murder of Mrs. Martha Day. After a three day trial, the jury returned a general verdict of acquittal. Subsequently, the Commonwealth proposed to try him on an indictment charging the arson of the building in which Mrs. Day died. The appellee moved to dismiss this indictment alleging that the trial...

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