Commonwealth v. McMullen

MONTEMURO, J.:

¶ 1 In this direct appeal from judgment of sentence following Appellant’s second murder trial, we consider whether Appellant’s double jeopardy rights were violated. For the reasons set forth below, we affirm.

¶ 2 The facts underlying Appellant’s conviction are as follows. In the early morning hours of February 14, 1985, a grocery store in Orbisonia, Pennsylvania was burglarized. No suspect was arrested. A week later, the body of Dominic Barcelona, a 30 year old schizophrenic who frequently wandered around the community, was discovered in a creek not far from the scene of the…