Commonwealth v. Carson

SPAETH, Judge:

This appeal raises the question of whether the federal rule that jeopardy attaches once a jury is sworn, Illinois v. Somerville, 410 U.S. 458, 93 S.Ct. 1066, 35 L.Ed.2d 425 (1973); United States v. Jorn, 400 U.S. 470, 91 S.Ct. 547, 27 L.Ed.2d 543 (1971); Downum v. United States, 372 U.S. 734, 83 S.Ct. 1033, 10 L.Ed.2d 100 (1963); United States v. Pecora, 484 F.2d 1289 (3d Cir. 1973), is of federal constitutional dimension and therefore must be applied in state proceedings.1

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Appellant was charged with delivery of one ounce of marijuana in violation of the Controlled Substance,…