Commonwealth v. Yahnert

Opinion by

Hoffman, J.,

Appellant was indicted March 4, 1968, by the Cambria County grand jury on Bill No. D-42 March Term, 1968. On March 21, 1968, appellant was brought to trial on that indictment. The record indicates that a jury was sworn and that the Commonwealth presented its case. Appellant entered a demurrer to the evidence, which demurrer was sustained. The Commonwealth did not appeal from that ruling.

Appellant was again indicted on September 3, 1968, by the Cambria County grand jury on Bill No. D-65 September Term, 1968. Comparison of the March and September bills indicates they both…