COM. v. DIEHL


532 Pa. 214 (1992)

615 A.2d 690

COMMONWEALTH of Pennsylvania, Appellee, v. Charles Michael DIEHL, Appellant.

Supreme Court of Pennsylvania.

Decided September 18, 1992.


Attorney(s) appearing for the Case

Gary D. Wilt, Everett, for appellant.

Robert A. Graci, Chief Deputy Atty. Gen., Guy L. Ciarrocchi, Deputy Atty. Gen., Harrisburg, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.


OPINION

ZAPPALA, Justice.

The basic question we are asked to decide is whether the Superior Court erred in affirming the trial court's denial of Appellant's Motion to Dismiss the charges of involuntary deviate sexual intercourse, statutory rape, incest and two counts of indecent assault on the basis of double jeopardy. Because a manifest necessity did exist for the sua sponte declaration of a mistrial and prosecutorial misconduct was absent, we now...

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