Commonwealth v. Gibbons

Although I join the majority’s disposition, I would emphasize that there is no absolute double jeopardy bar to appellate review of judgments of acquittal; the availability of such review is dependent upon the essential character of the court’s judgment; and the viability of the prosecution appeal depends upon whether the issue in question is one of law or fact.1 *32Differentiating questions of fact from 'questions of law has proven difficult for courts, with the characterization “as much a matter of allocation as it is. of analysis.” Miller v. Fenton, 474 U.S. 104, 114, 106 S.Ct. 445, 451, 88…