COM. v. BRADLEY


311 Pa.Super. 330 (1983)

457 A.2d 911

COMMONWEALTH of Pennsylvania v. Herbert L. BRADLEY, John H. Burroughs, Thomas J. Buzzar, and Louis C. Stith, Appellants.

Superior Court of Pennsylvania.

Filed February 25, 1983.

Petition for Allowance of Appeal Granted September 2, 1983.


Attorney(s) appearing for the Case

A. Charles Peruto, Jr., Philadelphia, for appellants.

Joseph Hylan, Assistant District Attorney, for Norristown, for Commonwealth, appellee.

Before CAVANAUGH, JOHNSON and LIPEZ, JJ.


CAVANAUGH, Judge:

The issue raised in this appeal is whether the circumstances surrounding the trial judge's sua sponte declaration of a mistrial reached the level of manifest necessity. Appellants argue that manifest necessity was not shown and that retrial of the appellants is therefore barred by the doctrine of double jeopardy. We agree, and therefore order that the appellants be discharged.

The appellants, prison guards at the State Correctional...

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