The Pennsylvania Supreme Court has held that the double jeopardy protections of Rule 1120(d) of the Pennsylvania Rules of Criminal Procedure applied only to successive prosecutions and could not be invoked to bar a retrial following a mistrial precipitated by a hung jury.
Commonwealth v. McCane, 517 Pa. 489, 539 A.2d 340 (1988).
Criminal Law - Double Jeopardy Clause - Successive Prosecutions - Lesser Included Offense,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol27/iss2/10