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COM. v. DiNICOLA

348 Pa.Super. 401 (1985)

502 A.2d 604

COMMONWEALTH of Pennsylvania, Appellee, v. Louis P. DiNICOLA, Appellant.

Supreme Court of Pennsylvania.

Filed December 6, 1985.

Reargument Denied January 23, 1986.

Attorney(s) appearing for the Case

Ramsey Clark, Erie, for appellant.

Timothy Lucas, Assistant District Attorney, Erie, for Com., appellee.

Before SPAETH, President Judge, and ROWLEY and WIEAND, JJ.

WIEAND, Judge:

This appeal was taken from a pre-trial order which denied a defense motion to dismiss criminal charges on grounds that double jeopardy principles barred the retrial ordered by the Supreme Court.1 We agree with the trial court that a second trial is not barred by principles of double jeopardy; and, therefore, we affirm.

Louis P. DiNicola was tried by jury and was found guilty of arson and second degree murder. Post...

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