Commonwealth v. Balog

DEL SOLE, Judge:

In this case we are asked to decide whether the trial court abused its discretion when it ordered a mistrial, over defense counsel’s objections, as a result of Appellant/Defendant’s statement that his co-conspirator had been found not guilty in an earlier trial. Because we find that there was no “manifest necessity” to order a mistrial, we reverse the trial court’s denial of Appellant’s motion to dismiss, and order the instant action dismissed on the basis that Appellant’s re-prosecution would violate the Double Jeopardy provisions of the United States and Pennsylvania…