COMMONWEALTH v. MONTE


459 Pa. 495 (1974)

329 A.2d 836

COMMONWEALTH of Pennsylvania, Appellee, v. Frank MONTE and John Testa, Appellant.

Supreme Court of Pennsylvania.

Decided November 22, 1974.

Rehearing Denied January 11, 1975.


Attorney(s) appearing for the Case

Neil E. Jokelson, William D. Harris, Jokelson & Rosen, Klovsky, Kuby & Harris, Philadelphia, for appellant.

Steven H. Goldblatt, Milton M. Stein, Richard A. Sprague, Arlen Specter, Philadelphia, for appellee.

Before JONES, C.J., and EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.


OPINION OF THE COURT

NIX, Justice.

Appellants in this appeal raise two objections: (a) that the dismissal of the jury after the second trial in this cause, before they had reached a verdict, and forcing the appellants to undergo a third trial which resulted in their convictions, offended the constitutional protections against double jeopardy; and (b) that appellants are entitled to a new trial because the evidence...

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