Legal Opinion

Commonwealth v. Virtu

Supreme Court of Pennsylvania

Decided July 17, 1981No. 154 and 183PublishedCited by 38 opinions

1Opinion of the Court

*61OPINION OF THE COURT

KAUFFMAN, Justice.

This is an appeal from an interlocutory order of the Allegheny County Court of Common Pleas denying the pre-trial motion of appellant, Anthony Joseph Virtu, to dismiss a criminal complaint on double jeopardy grounds.1 Because the record conclusively reveals that the initial trial was aborted as a direct result of deliberate prosecutorial misconduct, we conclude that appellant may not be retried, and, accordingly, reverse.2

On the night of August 6, 1977, a fire was set in a Pittsburgh beauty salon located above a pizza shop owned by Michael Romeo…

2Cases cited14 opinions

  1. Berger v. United StatesSupreme Court of the United States · 1935
  2. United States v. DinitzSupreme Court of the United States · 1976
  3. Lee v. United StatesSupreme Court of the United States · 1977
  4. Commonwealth v. BoldenSupreme Court of Pennsylvania · 1977
  5. United States v. Murray Morris Kessler, Richmond C. Harper, Adler B. Seal, James M. Miller,jr., and Joseph MazzukaCourt of Appeals for the Fifth Circuit · 1976

9 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. State v. UbaldiSupreme Court of Connecticut · 1983
  2. Commonwealth v. BradySupreme Court of Pennsylvania · 1986
  3. State v. CohaneSupreme Court of Connecticut · 1984
  4. Commonwealth v. SimonsSupreme Court of Pennsylvania · 1987
  5. Commonwealth v. MartoranoSupreme Court of Pennsylvania · 1999

33 more not listed; retrieve them via the Exa API.

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