Commonwealth Ex Rel. Montgomery v. Myers

Opinion by

Mr. Justice Roberts,

The first question presented on this appeal is whether, in the particular circumstances of this record, appellant’s conviction of murder in the first degree, following the termination of a prior trial by the declaration of a mistrial, on appellant’s motion, violates the prohibitions against double jeopardy contained in either the Federal or State Constitutions. The court below, in dismissing appellant’s petition for a writ of habeas corpus, concluded that his conviction was without constitutional objection. We are of the view that the court reached the correct…