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COM. v. SULLIVAN

484 Pa. 130 (1979)

398 A.2d 978

COMMONWEALTH of Pennsylvania v. James SULLIVAN, Appellant.

Supreme Court of Pennsylvania.

Decided March 14, 1979.

Attorney(s) appearing for the Case

Stanley Bashman, Philadelphia, for appellant.

Robert B. Lawler, Chief, Appeals Div., Asst. Dist. Atty., Sheldon M. Finkelstein, Philadelphia, for appellee.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, POMEROY, NIX, MANDERINO and LARSEN, JJ.

OPINION OF THE COURT

O'BRIEN, Justice.

Appellant, James Sullivan, was charged with murder, robbery and possession of an instrument of crime in connection with the death of Donald Hickok, which occurred on September 12, 1973. Appellant's first trial in the Court of Common Pleas of Philadelphia ended with the jury unable to reach a verdict on any count. In a second trial, appellant was acquitted of possession of an instrument of crime, but the jury could not...

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