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COMMONWEALTH v. BROOKS

225 Pa.Super. 247 (1973)

Commonwealth v. Brooks, Appellant.

Superior Court of Pennsylvania.

September 19, 1973.

Attorney(s) appearing for the Case

F. Emmett Fitzpatrick, Jr. and Fitzpatrick & Smith, for appellant.

James T. Ranney and Milton M. Stein, Assistant District Attorneys, and Arlen Specter, for Commonwealth, appellee.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING and CERCONE, JJ. (SPAETH, J., absent.)

OPINION BY HOFFMAN, J., September 19, 1973:

The sole issue of this appeal is whether the third trial of the defendant was in violation of the double jeopardy clause of the Constitution of the United States.

Appellant, Sidney Brooks, was indicted on multiple charges of burglary and assault and battery. Appellant was brought to trial before the Honorable Raymond Pace ALEXANDER and a jury on November 15,...

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