Commonwealth v. Wright

Opinion by

Mb. Justice Cohen,

This is an appeal by Edwin Wright, appellant, from the decision of the Superior Court, 216 Pa. Superior Ct. 773, 260 A. 2d 503 (1970), affirming per curiam the judgment of sentence of the Court of Quarter Sessions (now the Court of Common Pleas, Criminal Division) of McKean County. The only question before us is whether the double jeopardy clause in the Fifth Amendment to the United States Constitution, made applicable to the states by Benton v. Maryland, 395 U.S. 784 (1969), bars this prosecution.

On March 13, 1967 a jury was chosen, and appellant’s first trial…