Commonwealth v. McPherson

Appellant James R. McPherson was arrested and charged with driving under the influence of alcohol. These two appeals are taken from the denial of appellant’s “Application for Dismissal of Prosecution with Prejudice and for Discharge of Defendant” and from the judgment of sentence imposed upon appellant’s conviction. We quash the appeal from the denial of the application to dismiss and affirm the judgment of sentence.

Appellant’s first trial resulted in a hung jury. A second trial was scheduled for November 5,1984. On November 1, appellant filed an “Application for Dismissal of Prosecution with…