Commonwealth v. Noland

By JUDGE THOMAS D. HORNE

This case came to be heard on several pre-trial motions filed by the defendant. Mr. Noland contends, inter alia, that the indictment against him should be dismissed as he has twice been put in jeopardy for the same offense. Mr. Ashwell has aptly observed in his argument that the Fifth Amendment guarantee against double jeopardy, enforceable against the states through the Fourteenth Amendment consists of three constitutional protections: (1) it protects against second prosecution for the same offense after acquittal; (2) it protects against second prosecution for the…