COMMONWEALTH v. COLEMAN


235 Pa.Super. 379 (1975)

Commonwealth v. Coleman, Appellant.

Superior Court of Pennsylvania.

June 24, 1975.


Attorney(s) appearing for the Case

Margaret H. Poswistilo, Assistant Public Defender, for appellant.

Allan B. Goodman, Assistant District Attorney, and Charles H. Spaziani, District Attorney, for Commonwealth, appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.


OPINION BY SPAETH, J., June 24, 1975:

On February 13, 1973, appellant was tried before a jury for unlawful possession and delivery of heroin. When the jury said, after four hours and twenty-six minutes of deliberation, that it was unable to agree on a verdict, the trial judge declared a mistrial. Defense counsel did not object to the declaration of a mistrial, nor did he object to the holding of a second trial on February 26, 1973. At the second trial appellant was...

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