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COM. v. ANDERSON

38 A.3d 828 (2011)

COMMONWEALTH of Pennsylvania, Appellant v. David W. ANDERSON, Appellee.

Superior Court of Pennsylvania.

Filed November 3, 2011.

Attorney(s) appearing for the Case

James P. Carbone , Assistant District Attorney, Franklin, for Commonwealth, appellant.

Alexander H. Lindsay , Butler, for appellee.

BEFORE: STEVENS, P.J., FORD ELLIOTT, P.J.E., MUSMANNO, BENDER, GANTMAN, DONOHUE, ALLEN, LAZARUS, and OLSON, JJ.

OPINION BY GANTMAN, J.:

Appellant, the Commonwealth of Pennsylvania, appeals from the order entered in the Venango County Court of Common Pleas, which granted Appellee, David W. Anderson's motion to dismiss on double jeopardy grounds, based on prosecutorial misconduct. The Commonwealth asks us to determine whether the trial court erred in dismissing the case pursuant to the double jeopardy clause of the Pennsylvania Constitution, where the prosecutorial misconduct...

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