COM. v. PLEXICO


270 Pa.Super. 543 (1979)

411 A.2d 1219

COMMONWEALTH of Pennsylvania v. Robert PLEXICO, Appellant.

Superior Court of Pennsylvania.

Filed October 5, 1979.

Petition for Allowance of Appeal Denied January 16, 1980.


Attorney(s) appearing for the Case

Joseph T. Kelley, Jr., Philadelphia, for appellant.

Suzanne McDonough, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before WATKINS, MANDERINO and CIRILLO, JJ.


CIRILLO, Judge:

This is an appeal from an order of the court below dismissing a motion to quash the case on the grounds of former jeopardy. The defendant had been previously tried for the crimes of conspiracy, possessing instruments of a crime, and murder. After the jury in that trial had deliberated for approximately 18 hours, they reported to the trial judge that they were hopelessly deadlocked, and the judge...

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