Riddle Appeal

Dissenting Opinion by

Hoffman, J.:

Although the majority properly concluded that the lower court erred in declaring a mistrial in the instant matter, I respectfully dissent from the majority’s find*77ing that this improper declaration does not bar further litigation on the issue of appellee’s paternity of an illegitimate child. Further proceedings against the appellee are banned by the double jeopardy provisions of the United States and Commonwealth constitutions.

There is no substance for the majority finding that bastardy is not crime. Bastardy is a crime for which the legislature has imposed…