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COM. v. SCHAB

477 Pa. 55 (1978)

383 A.2d 819

COMMONWEALTH of Pennsylvania, Appellant, v. Martin I. SCHAB, Appellee.

Supreme Court of Pennsylvania.

Decided January 31, 1978.

Attorney(s) appearing for the Case

Robert P. Kane, Atty. Gen., Peter B. Foster, Vincent X. Yakowicz, Sols. Gen., for appellant.

F. Emmett Fitzpatrick, Dist. Atty., Abraham J. Gafni, Deputy Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Division, for appellee.

Liebert, Short, Fitzpatrick & Lavin, Stephen J. McEwen, Jr., Upper Darby, for Pennsylvania Dist. Attorneys Association.

Before JONES, C.J., and EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION

MANDERINO, Justice.

This case raises the issue of if and under what circumstances the Attorney General of Pennsylvania may supersede a district attorney and proceed to conduct a criminal prosecution in the county of the superseded district attorney.

On August 31, 1975, Martin I. Schab, a Philadelphia policeman, shot and killed Anthony Frank Majewski in the Sip'N Steak Bar and Restaurant in Philadelphia...

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