Commonwealth v. Rivera

715 A.2d 1136 (1998)

COMMONWEALTH of Pennsylvania, Appellee,

v.

John RIVERA, III, Appellant.

Superior Court of Pennsylvania.

Argued April 1, 1998.

Filed June 9, 1998.

Bradley Schutjer, Harrisburg, for appellant.

Donna L. Brightbill, Assistant District Attorney, Lebanon, for the Commonwealth, appellee.

Before JOHNSON, STEVENS and OLSZEWSKI, JJ.

JOHNSON, Judge:

We are asked to decide whether defense counsel's mere asking of a question to a Commonwealth witness at trial, without more, would support the trial court's finding of "manifest necessity" to declare a mistrial, where the issue is witness…