COM. v. McCLAIN


309 Pa.Super. 163 (1983)

454 A.2d 1134

COMMONWEALTH of Pennsylvania v. David McCLAIN, Appellant.

Superior Court of Pennsylvania.

Filed January 14, 1983.


Attorney(s) appearing for the Case

Alan Ira Lourie, Assistant Public Defender, West Chester, for appellant.

Joseph W. Carroll, III, Assistant District Attorney, West Chester, for Commonwealth, appellee.

Before WIEAND, BECK and HOFFMAN, JJ.


BECK, Judge:

Appellant David McClain, whose motion for a mistrial was granted, now appeals the denial of his motion to quash information for a new trial on the grounds of double jeopardy.

On July 16, 1980 McClain was arrested for Criminal Attempt-homicide, Rape, Robbery, Burglary, Aggravated Assault, and related charges. On July 23, 1980, he was again arrested for these offenses. McClain was brought to a joint trial of both series of charges in October 1980...

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