Commonwealth v. Rios

HOFFMAN, Judge:

Appellant contends that the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution, made applicable to the states through the Due Process Clause of the Fourteenth Amendment, barred his retrial. We disagree and, therefore, affirm the convictions on the indictments charging robbery, 1 assault, 2 and conspiracy. 3

Appellant also contends that the evidence was insufficient to convict him of possession of instruments of crime. 4 We agree and, therefore, arrest judgment of sentence on this indictment. Finally, we remand for re-sentencing.

On May 25, 1974, at…