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COM. v. MITCHELL

488 Pa. 75 (1980)

410 A.2d 1232

COMMONWEALTH of Pennsylvania, Appellee, v. Widmark MITCHELL, Appellant.

Supreme Court of Pennsylvania.

Decided February 1, 1980.

Attorney(s) appearing for the Case

Joseph V. Furlong, Philadelphia, for appellant.

Robert B. Lawler, Chief, Appeals Div., Victor Fortuno, Philadelphia, for appellee.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, NIX, LARSEN and FLAHERTY, JJ.

OPINION

EAGEN, Chief Justice.

Appellant, Widmark Mitchell, was brought to trial in the Court of Common Pleas of Philadelphia on June 6, 1977, for the murder of James Fulton. After the jury was empaneled and sworn, a mistrial was ordered on Mitchell's motion. Thereafter, he moved to dismiss the indictment, claiming that a second prosecution would violate his constitutional right not to be placed twice in jeopardy. The motion was denied, and Mitchell appealed...

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