Commonwealth v. Warfield

Concurring ano Dissenting Opinion by

Mr. Justice Roberts:

Implicit in the Court’s approach to the problems presented by the instant case are the following conclusions: 1) the double jeopardy clause of the Fifth Amendment to the Constitution of the United States has not been “selectively incorporated”1 into the due process clause of the Fourteenth Amendment and thus *563is not binding upon this Court;2 2) tbe due process clause of tbe Fourteenth Amendment standing alone does not prevent Pennsylvania from limiting the application of its double jeopardy provision, Art. I, §10 of the Pennsylvania…