Commonwealth v. Berardi

DEL SOLE, Judge:

Appellant was charged with violation of the Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. 780-113(a)(30), and proceeded to trial on November 21, 1985. Following two days of testimony, the jury was left to deliberate. However, on November 23, 1985, the trial court declared a mistrial for manifest necessity insofar as the jury was unable to reach a verdict. The case was then called for retrial. Appellant filed a motion to dismiss alleging that the trial court erred in declaring a mistrial, and as a result, Appellant was being placed in double jeopardy. This motion…