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Supreme Court of Pennsylvania· 1/10/1986

Commonwealth v. Adams

Citations

  • 502 A.2d 1345
  • 349 Pa. Super. 200
  • 1986 Pa. Super. LEXIS 9079

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the trial court’s dismissal of the charges after jeopardy had attached based on the prosecution witnesses’ failure to appear was not an acquittal and therefore double jeopardy did not prevent the court from reconsidering its decision and reinstating the charges
  • mid-trial discharge of appellant did not constitute an acquittal notwithstanding empaneling of jury; trial court dismissed case when prosecution witness failed to appear
  • on reconsideration the trial court properly reinstated the charges against the defendant where the charges had been dismissed on the defendant’s motion after the jury was empaneled
  • if the defendant deliberately seeks dismissal of proceedings on a basis unrelated to factual guilt or innocence, the dismissal on defendant's motion does not prevent a government appeal or retrial
  • if the defendant deliberately seeks dismissal of proceedings on a basis unrelated to factual guilt or innocence, the dismissal on defendant’s motion does not prevent a government appeal or retrial
  • dismissal of charges based on failure of Commonwealth's witnesses to appear in timely fashion is not the functional equivalent of an acquittal since there has been no factual determination of guilt or innocence

Source: CourtListener parenthetical corpus (CC0).

Judges: Rowley, Olszewski, Sole

Read full opinion on CourtListener

Cited by

13 cases in this archive cite this case.

Cites

15 cases in this archive are cited by this case.

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