COM. v. HATTEN


344 Pa.Super. 362 (1985)

496 A.2d 837

COMMONWEALTH of Pennsylvania v. Juanita HATTEN, Appellant.

Supreme Court of Pennsylvania.

Filed August 2, 1985.


Attorney(s) appearing for the Case

Elaine DeMasse, Assistant Public Defender, Philadelphia, for appellant.

Jane C. Greenspan, Assistant District Attorney, for Commonwealth, appellee.

Before CAVANAUGH, OLSZEWSKI and HOFFMAN, JJ.


HOFFMAN, Judge:

The sole issue on appeal is whether double jeopardy bars appellant's retrial on charges of simple assault and defiant trespass after a mistrial was declared sua sponte at her first trial. We find that retrial is barred and, therefore, reverse the order below and discharge appellant.

On August 5, 1980, a non-jury trial of appellant and her co-defendant, Stan Fields, began in the Municipal Court of Philadelphia. During cross-examination...

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