Commonwealth v. Slaughter

NIX, Judge:

Appellant appeals from the denial of his motion in arrest of judgment, following a second trial, which sought dismissal of all the charges against him on the ground of double jeopardy. The single question 1 we decide in this appeal is whether a retrial of appellant would be barred by double jeopardy. It is our considered judgment that a retrial of appellant would not offend the protection against double jeopardy.

Appellant’s first trial resulted in a mistrial as the result of the Commonwealth’s failure to disclose to the defense a statement allegedly made by appellant. Appellant was…