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COM. v. MITCHELL

415 Pa.Super. 227 (1992)

608 A.2d 1093

COMMONWEALTH of Pennsylvania, Appellee, v. John T. MITCHELL, Appellant.

Superior Court of Pennsylvania.

Filed June 2, 1992.

Petition for Allowance of Appeal Denied October 20, 1992.

Attorney(s) appearing for the Case

Sally A. Frick, Pittsburgh, for appellant.

Kevin F. McCarthy, Asst. Dist. Atty., Pittsburgh, for the Com., appellee.

Before CAVANAUGH, HUDOCK and MONTGOMERY, JJ.

CAVANAUGH, Judge:

Is appellant, John T. Mitchell's conviction violative of the constitutional proscription against double jeopardy as recently interpreted by the United States Supreme Court in Grady v. Corbin, 495 U.S. 508, 110 S.Ct. 2084, 109 L.Ed.2d 548 (1990)?

Mitchell was observed by a police officer exiting from an overturned vehicle. After being taken to the hospital for treatment, he was discovered to have a blood...

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