Commonwealth v. Dooley

*460Dissenting Opinion by

Cekcone, J.:

I respectfully dissent.

Defendant Charles Dooley originally stood trial for the felony murder of one Martha Day resulting from the arson of an apartment building at 710 West North Avenue, North Side, Pittsburgh, Pennsylvania. That murder case was given to the jury for its consideration on two issues (1) whether or not defendant had in fact committed the crime of arson, and (2) whether that offense proximately caused the death of Martha Day. The jury returned a verdict of acquittal.

Thereafter, the Commonwealth attempted to try defendant for the murders of Mary…