COM. v. POUNDS


281 Pa.Super. 19 (1980)

421 A.2d 1126

COMMONWEALTH of Pennsylvania v. James L. POUNDS, Appellant.

Superior Court of Pennsylvania.

Filed August 15, 1980.

Petition for Allowance of Appeal Denied December 18, 1980.


Attorney(s) appearing for the Case

James M. Keller, Ellwood City, for appellant.

Howard C. Klebe, Assistant District Attorney, New Castle, for Commonwealth, appellee.

Before SPAETH, HOFFMAN and VAN der VOORT, JJ.


VAN der VOORT, Judge:

This is an appeal from a denial by the lower court of appellant's motion to quash an indictment. Appellant's sole claim is that to permit his re-trial following a trial which resulted in a hung jury would violate his right to be free from double jeopardy.

At his first trial appellant was found guilty by the judge of the summary offense of driving to the left of center. He was also convicted by a jury of driving under the influence of...

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