COM. v. CUSTOR


296 Pa.Super. 235 (1982)

442 A.2d 746

COMMONWEALTH of Pennsylvania v. Ernest C. CUSTOR, Appellant.

Superior Court of Pennsylvania.

Filed March 5, 1982.


Attorney(s) appearing for the Case

Michael J. Weintraub, Trenton, N.J., for appellant.

Michael Kane, District Attorney, Doylestown, for Commonwealth, appellee.

Before CERCONE, President Judge, and WICKERSHAM and BROSKY, JJ.


CERCONE, President Judge:

The sole question presented in this appeal is whether the prosecutorial misconduct which caused a mistrial in the court below amounted to "overreaching" and consequently precludes appellant's retrial on grounds of double jeopardy. We conclude that it does not, and, therefore, affirm the order of the court below.

On April 24, 1976, Dennis Carson was operating his automobile in a southerly direction on Route 1, Bucks County, Pennsylvania...

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