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COMMONWEALTH v. BOLDEN

472 Pa. 602 (1977)

373 A.2d 90

COMMONWEALTH of Pennsylvania v. Richard BOLDEN, Appellant.

Supreme Court of Pennsylvania.

Decided April 28, 1977.

Attorney(s) appearing for the Case

Thomas A. Livingston, John L. Doherty, James K. O'Malley, Pittsburgh, for appellant.

Jess D. Costa, Dist. Atty., Samuel L. Rodgers, First Asst. Dist. Atty., Washington, for appellee.

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

OPINION

ROBERTS, Justice.

Appellant Richard Bolden was brought to trial on January 21, 1976 for the murder of Robert (Tim) Indyk. After the jury was sworn and empaneled, a mistrial was ordered on appellant's motion. Prior to commencement of a second trial, appellant moved to dismiss the indictment, claiming that a second prosecution would violate his constitutional right not to be placed twice in jeopardy.

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