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COM. v. DAIDONE

453 Pa.Super. 550 (1996)

684 A.2d 179

COMMONWEALTH of Pennsylvania v. Albert DAIDONE, Appellant. COMMONWEALTH of Pennsylvania v. Raymond MARTORANO, Appellant.

Superior Court of Pennsylvania.

Filed October 21, 1996.

Reargument Denied January 3, 1997.

Attorney(s) appearing for the Case

Thomas C. Carroll, Philadelphia, for Daidone, appellant.

F. Emmett Fitzpatrick, Jr., Philadelphia, for Martorano, appellant.

Marilyn F. Murray, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before CIRILLO, President Judge Emeritus, and DEL SOLE, J., and CERCONE, President Judge Emeritus.

DEL SOLE, Judge.

Appellants Albert Daidone and Raymond Martorano were convicted of first degree murder and criminal conspiracy in connection with the death of John McCullough. On direct appeal, this court reversed the convictions, finding that the trial court erred in denying Appellants' request for a mistrial based on prosecutorial misconduct. Prior to retrial, Appellants filed motions to dismiss, claiming reprosecution would violate the double jeopardy principles...

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