Commonwealth v. Zoller

OPINION

NIX, Chief Justice.

We are here called upon to consider the broad question as to the applicability of the Double Jeopardy Clause of the Fifth Amendment, made applicable to the States through the Fourteenth Amendment,1 upon a trial court order granting a defendant’s motion to terminate the trial in his favor before verdict. Specifically, the issue raised is whether our procedure which permits a trial court’s order sustaining a demurrer to the Commonwealth’s evidence to be reversed upon appeal, allows a new trial where the order was erroneously entered. For the reasons that follow we are…