Commonwealth v. Lark

CAVANAUGH, Judge:

This is an interlocutory appeal 1 by the appellant, Robert Lark, from the lower court’s order denying his Motion to Dismiss the Bills of Information on Double Jeopardy Grounds. 2 We affirm.

An examination of the record reveals the following. At a jury trial before the Honorable Theodore B. Smith, Jr., the Commonwealth presented its case against the appellant on charges of murder, 3 possessing instruments of crime, 4 pro hibited offensive weapons, 5 and terroristic threats. 6

One of the Commonwealth’s witnesses, policeman Barry Wilson, was called to testify by the Commonwealth,…