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COMMONWEALTH v. SMITH

284 Pa.Super. 60 (1981)

425 A.2d 393

COMMONWEALTH of Pennsylvania v. Leroy SMITH, Appellant.

Superior Court of Pennsylvania.

Filed April 20, 1981.

Attorney(s) appearing for the Case

Stephen Gross, Assistant Public Defender, Philadelphia, for appellant.

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

Before SPAETH, BROSKY and VAN der VOORT, JJ.

BROSKY, Judge:

Smith was charged with simple assault, terroristic threats and possessing an instrument of crime. At trial, the prosecutor asked appellant if he had been convicted of larceny in 1970. Counsel moved for and received a mistrial.1 A retrial was set for March 26, 1979; and before that trial began, appellant moved for a dismissal on the grounds of double jeopardy. The motion was denied. A writ of certiorari was filed and denied...

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