COM. v. HICKSON


402 Pa.Super. 53 (1990)

586 A.2d 393

COMMONWEALTH of Pennsylvania v. Samuel HICKSON, Appellant.

Superior Court of Pennsylvania.

Filed December 14, 1990.

Reargument Denied February 21, 1991.

Petition for Allowance of Appeal Denied May 28, 1991.


Attorney(s) appearing for the Case

LeRoy G. Levan, Reading, for appellant.

Mark C. Baldwin, Asst. Dist. Atty., Reading, for Com., appellee.

Before WIEAND, DEL SOLE and MONTEMURO, JJ.


WIEAND, Judge:

Where a jury finds a defendant not guilty of third degree murder but is unable to reach a verdict on charges of first degree murder and aggravated assault, is a retrial on the charges of first degree murder and aggravated assault barred by principles of double jeopardy? After careful review, we conclude that retrial is barred. Therefore, the order of the trial court refusing to dismiss such charges must be reversed.

Samuel Hickson was charged...

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