Commonwealth v. DiNicola

WIEAND, Judge:

This appeal was taken from a pre-trial order which denied a defense motion to dismiss criminal charges on grounds that double jeopardy principles barred the retrial ordered by the Supreme Court.1 We agree with the trial court that a second trial is not barred by principles of double jeopardy; and, therefore, we affirm.

Louis P. DiNicola was tried by jury and was found guilty of arson and second degree murder. Post-verdict motions were denied, and a judgment of sentence was imposed. The judgment of sentence was affirmed by this Court on direct appeal. Commonwealth v. DiNicola, 308…