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COM. v. JENKINS

273 Pa.Super. 227 (1979)

417 A.2d 251

COMMONWEALTH of Pennsylvania v. James W. JENKINS, Appellant.

Superior Court of Pennsylvania.

Filed December 21, 1979.

Attorney(s) appearing for the Case

Barry W. Kerchner, Pottstown, for appellant.

John T. Salvucci, Assistant District Attorney, Norristown, for Commonwealth, appellee.

Before CERCONE, President Judge, and ROBERTS and LIPEZ, JJ.

ROBERTS, Judge:

On March 19, 1975, a jury convicted appellant of murder of the third degree. The Supreme Court, holding that the prosecutor had committed misconduct denying appellant a fair trial, reversed judgment of sentence and remanded for a new trial. See Commonwealth v. Jenkins, 476 Pa. 467, 383 A.2d 195 (1978). When the Commonwealth again indicted appellant, he filed a motion to quash...

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