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COM. v. ZOLLER

507 Pa. 344 (1985)

490 A.2d 394

COMMONWEALTH of Pennsylvania, Appellant, v. John ZOLLER, Appellee. COMMONWEALTH of Pennsylvania, Appellant, v. Despina SMALIS, a/k/a Pepe Smalis, Appellee. COMMONWEALTH of Pennsylvania, Appellant, v. Ernest SMALIS, a/k/a Anastasios Smalis, Appellee.

Supreme Court of Pennsylvania.

Filed March 29, 1985.

Reargument Denied June 11, 1985

Attorney(s) appearing for the Case

Edward Tocci, Dist. Atty., John Lee Brown, Anthony Berosh, Dale M. Fouse, Theresa Ferris-Dukovich, Asst. Dist. Attys., Beaver, for appellant in No. 26.

Robert E. Colville, Dist. Atty., Robert L. Eberhard, Deputy Dist. Atty., Melinda G. Tell, Asst. Dist. Atty., Pittsburgh, for appellant in No. 62.

Bernard Rabik, Beaver, for appellee in No. 26.

Thomas A. Livingston, Pittsburgh, for Ernest Smalis, etc.

Norma Chase, Pittsburgh, for Despina Smalis, etc.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

OPINION

NIX, Chief Justice.

We are here called upon to consider the broad question as to the applicability of the Double Jeopardy Clause of the Fifth Amendment, made applicable to the States through the Fourteenth Amendment,1 upon a trial court order granting a defendant's motion to terminate the trial in his favor before verdict. Specifically, the issue raised is whether our procedure which permits a trial court's order sustaining...

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