COM. v. OWENS


299 Pa.Super. 1 (1982)

445 A.2d 117

COMMONWEALTH of Pennsylvania v. Nathan OWENS, Appellant.

Superior Court of Pennsylvania.

Filed April 30, 1982.

Petition for Allowance of Appeal Denied September 9, 1982.


Attorney(s) appearing for the Case

Elias B. Landau, Philadelphia, for appellant.

Gaele McLaughlin Barthold, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before CERCONE, President Judge, and HESTER, and WIEAND, JJ.


CERCONE, President Judge:

In this appeal, appellant, Nathan N. Owens, claims that a retrial would subject him to double jeopardy. He contends that a mistrial resulted due to overreaching on the part of the trial judge and alternatively, that there was no manifest necessity for the declaration of the mistrial. We find no merit to either of appellant's arguments and thus, affirm the order of the trial court denying appellant's pre-trial motion to dismiss.

Appellant...

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