Commonwealth, Aplt. v. Ball III, J.

OPINION

JUSTICE WECHT

James Arthur Ball III was charged with and tried for a summary offense before a Magisterial District Judge (“MDJ”). The MDJ convicted Ball of a lesser included offense, implicitly acquitting him of the greater charged offense. Ball appealed his conviction to the court of common pleas (“the trial court”) for a de novo trial pursuant to Pa.R.Crim.P. 462(A),1 whereupon the Commonwealth sought to re-try him on the greater offense. The trial court allowed the Commonwealth to try Ball on the original charge, notwithstanding Ball’s objection that reinstating that charge violated…