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COM. v. VIRTU

495 Pa. 59 (1981)

432 A.2d 198

COMMONWEALTH of Pennsylvania, Appellee, v. Anthony Joseph VIRTU, Appellant.

Supreme Court of Pennsylvania.

Decided July 17, 1981.

Attorney(s) appearing for the Case

William F. Manifesto, Manifesto, Doherty, Love & Talarico, P.C., Pittsburgh, for appellant.

Robert E. Colville, Dist. Atty., Robert L. Eberhardt, Kemal A. Mericli, Deputy Dist. Attys., Pittsburgh, for appellee.

Before O'BRIEN, C.J., and ROBERTS, NIX, LARSEN, FLAHERTY and KAUFFMAN, JJ.

OPINION OF THE COURT

KAUFFMAN, Justice.

This is an appeal from an interlocutory order of the Allegheny County Court of Common Pleas denying the pre-trial motion of appellant, Anthony Joseph Virtu, to dismiss a criminal complaint on double jeopardy grounds.1 Because the record conclusively reveals that the initial trial was aborted as a direct result of deliberate prosecutorial misconduct...

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