Constitutional Criminal Procedure - Double Jeopardy - Waiver - Mistrial

Authors

Margaret L. McArdle

Abstract

The Supreme Court of Pennsylvania has held that where a trial judge sua sponte declares a mistrial without a request for or consent to the declaration by the defendant's counsel, the defendant does not waive a later claim of double jeopardy despite his failure to timely and specifically object at the first trial to the jury's discharge.

Commonwealth v. Bartolomucci, 362 A.2d 234 (Pa. 1976).

First Page

507

Recommended Citation

Margaret L. McArdle, Constitutional Criminal Procedure - Double Jeopardy - Waiver - Mistrial, 15 Duq. L. Rev. 507 (1977).
Available at: https://dsc.duq.edu/dlr/vol15/iss3/8