Commonwealth v. Custor

CERCONE, President Judge:

The sole question presented in this appeal is whether the prosecutorial misconduct which caused a mistrial in the court below amounted to “overreaching” and consequently precludes appellant’s retrial on grounds of double jeopardy. We conclude that it does not, and, therefore, affirm the order of the court below.

On April 24, 1976, Dennis Carson was operating his automobile in a southerly direction on Route 1, Bucks County, Pennsylvania. He was accompanied by a passenger, Albert Falls. As Carson was proceeding in the passing lane, he noticed a motorcycle in the passing…