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COM. v. SMITH

321 Pa.Super. 51 (1983)

467 A.2d 888

COMMONWEALTH of Pennsylvania v. Randy L. SMITH, Appellant.

Supreme Court of Pennsylvania.

Filed November 10, 1983.

Petition for Allowance of Appeal Denied March 2, 1984.

Attorney(s) appearing for the Case

William C. Dissinger, Marysville, for appellant.

R. Scott Cramer, Assistant District Attorney, New Bloomfield, for Commonwealth, appellee.

Before CERCONE, President Judge, and CIRILLO and HOFFMAN, JJ.

CERCONE, President Judge:

Appellant, Randy Smith, takes this appeal from the order of the trial court denying appellant's pre-trial motion to dismiss on double jeopardy grounds.1 Appellant argues that the lower court erred in refusing this motion where appellant's first trial, a non jury trial, was halted by the trial judge's sua sponte order directing the withdrawal of appellant...

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