COM. v. PHILLIPPI


442 Pa.Super. 198 (1995)

658 A.2d 1368

COMMONWEALTH of Pennsylvania v. Grover Hughes PHILLIPPI, Appellant.

Superior Court of Pennsylvania.

Filed May 25, 1995.

Petition for Allowance of Appeal Denied September 25, 1995.


Attorney(s) appearing for the Case

Clark B. Frame, Morgantown, WV, for appellant.

David F. Pollock, Dist. Atty., Waynesburg, for the Comm., appellee.

Before ROWLEY, President Judge, and McEWEN and POPOVICH, JJ.


ROWLEY, President Judge:

Appellant Grover Hughes Phillippi appeals an order of the trial court denying his motion to dismiss criminal charges against him on double jeopardy grounds. We affirm.

Appellant was tried on May 3-5, 1994, on charges of statutory rape and aggravated indecent assault. After deliberating for several hours on May 5, the jurors were sent home. The trial court received notice at home that evening that one of the jurors refused to return...

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