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COMMONWEALTH v. KENNEDY

229 Pa.Super. 189 (1974)

Commonwealth v. Kennedy, Appellant.

Superior Court of Pennsylvania.

June 21, 1974.

Attorney(s) appearing for the Case

Leonard Sosnov and John W. Packel, Assistant Defenders, and Vincent J. Ziccardi, Defender, for appellant.

James T. Ranney and David Richman, Assistant District Attorneys, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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

OPINION BY HOFFMAN, J., June 21, 1974:

In this direct appeal from a judgment of sentence for burglary and rape, appellant contends that the second prosecution for these offenses which resulted in a conviction impermissibly placed him twice in jeopardy because his first trial was terminated before verdict without a determination of manifest necessity.

At the conclusion of the judge's charge in the first trial, the jury retired to deliberate at 11:15 a.m. The...

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