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Commonwealth Pennsylvania v. Alvie Donald Mccane

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eBook details

  • Title: Commonwealth Pennsylvania v. Alvie Donald Mccane
  • Author : Supreme Court of Pennsylvania
  • Release Date : January 04, 1988
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 73 KB

Description

The issue involved in this appeal is whether the Commonwealth may reprosecute the appellee, Alvie Donald McCane, for homicide by vehicle while driving under the influence following a mistrial on that charge, after a jury found appellee guilty of the offense of driving under the influence but was unable to reach a verdict on the charge of homicide by vehicle while driving under the influence. The trial court held that a retrial of appellee is barred by Pa.R.Crim.P. 1120(d). The Superior Court, in a memorandum decision by a panel (Beck, Popovich and Hoffman, JJ.), affirmed on the opinion of the lower court, 359 Pa. Super. 608, 515 A.2d 618. For the reasons that follow, we reverse.


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