Commonwealth v. Roche

HOFFMAN, Judge:

This is an appeal from an April 17, 1995 trial court order in effect quashing the Commonwealth’s writ of certiorari. Appellant, the Commonwealth of Pennsylvania, now raises the following issue for our review:

WHETHER A POST-HEARING DISMISSAL OF SUMMARY CHARGES ON CONSTITUTIONAL GROUNDS (DOUBLE JEOPARDY) ERRONEOUSLY ENTERED BY THE DISTRICT JUSTICE AS A “NOT GUILTY” VERDICT IS AP-PEALABLE BY THE COMMONWEALTH.

Appellant’s Brief at 3.

On October 7, 1994, a state trooper issued appellee Martin Roche a citation for speeding1 along a road in Juniata County, Pennsylvania. The trooper also…