Greenwalt v. Commonwealth

Tried by a jury, Alvin E. Greenwalt was convicted of violating Code § 43-13 and was sentenced to 30 days in jail and a fine of $2,000. The determinative question presented in this appeal is whether the trial court erred in denying Greenwalt’s motion to dismiss the indictment on the ground that its prosecution was barred by the double jeopardy provisions of the Federal and State Constitutions.

The facts germane to the issue are undisputed. Greenwalt, a building contractor, entered into an agreement to construct a home. When several subcontractors went unpaid, he was charged in a warrant with…