COM. v. BERARDI


362 Pa.Super. 529 (1987)

524 A.2d 1365

COMMONWEALTH of Pennsylvania v. Thomas BERARDI, Appellant.

Supreme Court of Pennsylvania.

Filed April 21, 1987.


Attorney(s) appearing for the Case

Frederick B. Gieg, Jr., Altoona, for appellant.

William J. Haberstroh, District Attorney, Altoona, for Commonwealth, appellee.

Before DEL SOLE, MONTEMURO and ROBERTS, JJ.


DEL SOLE, Judge:

Appellant was charged with violation of the Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. 780-113(a)(30), and proceeded to trial on November 21, 1985. Following two days of testimony, the jury was left to deliberate. However, on November 23, 1985, the trial court declared a mistrial for manifest necessity insofar as the jury was unable to reach a verdict. The case was then called for retrial. Appellant filed a motion to dismiss alleging...

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