Commonwealth v. Smith

TAMILIA, Judge:

Appellants, John Smith and Anthony Tolbert, take this appeal from the Order of May 13, 1992 denying their post- verdict motion to dismiss the charge of third degree murder on double jeopardy and collateral estoppel grounds. Appellants were charged with criminal homicide, 1 kidnapping 2 and conspiracy, 3 as a result of the beating death of Hector Maldanado. After three days of deliberations, the jury acquitted appellants of first degree murder, second decree murder, voluntary manslaughter, kidnapping and conspiracy. The jury deadlocked on the charge of third degree murder.

On…