Gillen Appeal

Superior Court of Pennsylvania

Decided September 22, 1975

Superior Court of Pennsylvania · decided 1975-09-22

Relies on Breed v. Jones · Commonwealth v. Dale

Good law ✅— No negative treatment on recordhow we know

Decided 1975-09-22

How this case has been cited

Cited by 15 later decisions — most recently June 2002

15 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Concurring and Dissenting Opinion by

Spaeth, J.:

¶2I agree with Judge Hoffman’s opinion, but wish to add one further note with respect to the majority’s disposition of this case. The record in this case is lacking in formal post-trial motions, so we cannot know whether Hartman asked to be discharged if the evidence was found to be insufficient. His brief on this appeal asks for a discharge or a new trial. Without deciding which is the appropriate relief, I do not think the lead opinion should *530be construed as holding that Hartman has waived any claim he might have that he may not be tried a second time for the same offense. See Commonwealth v. Dale, 232 Pa. Superior Ct. 213, 335 A.2d 454 (1975). See also Breed v. Jones, 421 U.S. 519 (1975) [17 Cr.L. 3047].