Riddle Appeal

Opinion by

Jacobs, J.,

This case presents the question whether the double jeopardy clause of both the United States and Pennsylvania Constitutions1 bars the retrial of one accused of neglect to support a bastard and fornication and bastardy under § 732 and § 506, respectively, of The Penal Code, Act of June 24, 1939, P. L. 872,2 when the initial trial was concluded by the court’s sua sponte declaration of a mistrial. The lower court concluded that double jeopardy barred further proceedings against the defendant on these charges. Although we agree that one who is criminally accused cannot be…