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COM. v. NELSON

268 Pa.Super. 411 (1979)

408 A.2d 854

COMMONWEALTH of Pennsylvania v. Howard NELSON, Appellant.

Superior Court of Pennsylvania.

Filed August 10, 1979.

Attorney(s) appearing for the Case

John W. Packel, Assistant Public Defender, Chief, Appeals Division, Philadelphia, for appellant.

Eric B. Henson, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before CERCONE, HESTER and HOFFMAN, JJ.

CERCONE, President Judge:

The instant appeal arises from the denial of appellant's motion to dismiss charges of conspiracy, robbery and other related offenses emanating from the robbery of a McDonald's Restaurant in The Gallery in Philadelphia. The sole issue raised is whether the termination of appellant's first trial by the granting of his mistrial motion bars his subsequent prosecution on the above charges...

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