Commonwealth v. Daidone

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 of both the state and federal constitutions. The trial court denied their motions and this appeal followed. We agree that retrial…