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COM. v. CARSON

259 Pa.Super. 183 (1978)

393 A.2d 778

COMMONWEALTH of Pennsylvania v. Jeffrey A. CARSON, Appellant.

Superior Court of Pennsylvania.

Decided October 20, 1978.

Attorney(s) appearing for the Case

Edward F. Browne, Jr., Assistant Public Defender, Lancaster, for appellant.

John A. Kenneff, Assistant District Attorney, with him D. Richard Eckman, District Attorney, Lancaster, for Commonwealth, appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.

SPAETH, Judge:

This appeal raises the question of whether the federal rule that jeopardy attaches once a jury is sworn, Illinois v. Somerville, 410 U.S. 458, 93 S.Ct. 1066, 35 L.Ed.2d 425 (1973); United States v. Jorn, 400 U.S. 470, 91 S.Ct. 547, 27 L.Ed.2d 543 (1971); Downum v. United States, 372 U.S. 734, 83 S.Ct. 1033, 10 L.Ed.2d 100 (1963); United...

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