Commonwealth v. Gains

MONTEMURO, Judge:

This is an appeal from an order of the Court of Common Pleas of Philadelphia County, wherein the court determined that double jeopardy does not bar retrial of the appellant, James W. Gains. We affirm.

Appellant was charged with arson, aggravated assault and related offenses following an early morning fire which occurred in an apartment building located in the Abbotts*211ford area of the City of Philadelphia.1 Appellant’s jury trial on these charges commenced on June 11, 1986. Testimony during the trial revealed that three of appellant’s stepchildren, Anthony Harris, Michael…