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COM. v. MCCANE

517 Pa. 489 (1988)

539 A.2d 340

COMMONWEALTH of Pennsylvania, Appellant, v. Alvie Donald McCANE, Appellee.

Supreme Court of Pennsylvania.

Decided March 4, 1988.

Reargument Denied April 5, 1988.

Attorney(s) appearing for the Case

Ernest D. Preate, Jr., Dist. Atty., for appellant.

Michael J. Krushinski, Scranton, for appellee.

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

OPINION OF THE COURT

LARSEN, Justice.

The issue involved in this appeal is whether the Commonwealth may reprosecute the appellee, Alvie Donald McCane, for homicide by vehicle while driving under the influence following a mistrial on that charge, after a jury found appellee guilty of the offense of driving under the influence but was unable to reach a verdict on the charge of homicide by vehicle while driving under...

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