Labels:book | reckoner | sky | tree | windowpane OCR: We of course acccpt the Pennsylvania Supreme Court's definition of what the trial judge must con srrrr T tuling on defendant's demurrer But just "the trial judge's characterization of his own tion cannot cont rol the classification 10 the action [under Double Jeopardy Clause], [citation omitted], the Pennsylvania Supremc Court" characterization, matter double jeopardy taw, of order granting demurrer is not binding on us Id. 4 (emphasis added) see also Ohia Johnson 467 493 1984) (state court ruling that guilty pleas to less serious offenses multi-count indict- ment barred prosecution on more serious count double jcopardy grounds reversed by this Court} the dete rmination what constitutes at acquittal and hence violation of the double jeopardy clausc, were truly matter state law which the fe ...
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