Commonwealth v. Owens

CERCONE, President Judge:

In this appeal, appellant, Nathan N. Owens, claims that a retrial would subject him to double jeopardy. He contends that a mistrial resulted due to overreaching on the part of the trial judge and alternatively, that there was no manifest necessity for the declaration of the mistrial. We find no merit to either of appellant’s arguments and thus, affirm the order of the trial court denying appellant’s pre-trial motion to dismiss.

Appellant was charged with simple and aggravated assault perpetrated upon a prison guard in an institution wherein appellant was an inmate. He…