COM. v. HOGAN


482 Pa. 333 (1978)

393 A.2d 1133

COMMONWEALTH of Pennsylvania v. Anthony HOGAN, Appellant.

Supreme Court of Pennsylvania.

Decided October 5, 1978.


Attorney(s) appearing for the Case

Michael M. Baylson, Samuel Kagle, Philadelphia, for appellant.

F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Deputy Dist. Atty. for Law, Michael R. Stiles, Asst. Dist. Atty., Chief, Appeals Div., Marrianne E. Cox, Asst. Dist. Atty., Philadelphia, for appellee.

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


OPINION

NIX, Justice.

The pivotal question presented in this appeal is whether the Double Jeopardy Clauses of the United States and Pennsylvania Constitutions would be violated by a retrial of appellant under an indictment where two previously completed trials had resulted in the award of new trials at appellant's request.

Appellant, Anthony Hogan, was arrested for the slaying of a police officer on November...

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