COM. v. PERILLO


271 Pa.Super. 301 (1979)

413 A.2d 416

COMMONWEALTH of Pennsylvania v. Salvatore PERILLO, Appellant.

Superior Court of Pennsylvania.

Filed October 26, 1979.


Attorney(s) appearing for the Case

Nino V. Tinari, Philadelphia, for appellant.

Harry M. Spaeth, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before MONTGOMERY, O'BRIEN and HONEYMAN, JJ.


MONTGOMERY, Judge:

Appellant was convicted of murder in the first degree by a jury on February 4, 1975. Following a direct appeal to our Supreme Court,1 this conviction was reversed on the basis of prosecutorial misconduct and the case was remanded for a new trial. The Commonwealth reindicted the appellant. Appellant then filed a petition to dismiss the indictment based on a claim of double jeopardy due to prosecutorial overreaching during...

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