Commonwealth v. Hatten

HOFFMAN, Judge:

The sole issue on appeal is whether double jeopardy bars appellant’s retrial on charges of simple assault and defiant trespass after a mistrial was declared sua sponte at her first trial. We find that retrial is barred and, therefore, reverse the order below and discharge appellant.

On August 5, 1980, a non-jury trial of appellant and her co-defendant, Stan Fields, began in the Municipal Court of Philadelphia. During cross-examination of the complaining witness, the assistant district attorney requested that the witness’s address not be disclosed. (N.T. August 5, 1980 at 14-15).…