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COM. v. PESTINIKAS

421 Pa.Super. 371 (1992)

617 A.2d 1339

COMMONWEALTH of Pennsylvania v. Walter PESTINIKAS, Appellant. COMMONWEALTH of Pennsylvania v. Helen PESTINIKAS, Appellant.

Superior Court of Pennsylvania.

Decided December 10, 1992.

Attorney(s) appearing for the Case

Harold Kane, Philadelphia, for appellants.

Michael J. Barrasse, Dist. Atty., Scranton, for Com., appellee.

Mary B. Seiverling, Deputy Atty. Gen., Harrisburg, amicus curiae.

Before WIEAND, McEWEN, OLSZEWSKI, DEL SOLE, BECK, TAMILIA, POPOVICH, JOHNSON and HUDOCK, JJ.

WIEAND, Judge:

The principal issue in this appeal is whether a person can be prosecuted criminally for murder when his or her failure to perform a contract to provide food and medical care for another has caused the death of such other person. The trial court answered this question in the affirmative and instructed the jury accordingly. The jury thereafter found Walter and Helen Pestinikas guilty of murder of...

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