Choy v. Commonwealth

(dissenting, with whom Spina, J., joins). I agree with the court that the evidence at the first trial was sufficient to sustain convictions, had the jury so determined, of murder in the first degree and arson, on the ground that the defendant was the principal perpetrator of those offenses. Accordingly, the defendant may be retried on that theory. I do not agree that the defendant may, consistent with principles applicable to double jeopardy, be retried on the alternative theory1 that she was a joint venturer who collaborated with another who was the principal. The Commonwealth had its…