Commonwealth v. Cooper

HOFFMAN, Judge:

This is an appeal from the order of the Common Pleas Court that overturned a Municipal Court ruling that appellant’s retrial was barred by principles of double jeopardy. Appellant contends that retrial would violate his right against double jeopardy because, at his first trial, the municipal court sua sponte declared a mistrial in the absence of manifest necessity. For the reasons that follow, we agree and, accordingly, we reverse the order below and order appellant discharged.

*383Appellant was charged with driving under the influence, in violation of 75 Pa.C.S.A. § 3731. On June…