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COM. v. SCARAMUZZINO

485 Pa. 513 (1979)

403 A.2d 82

COMMONWEALTH of Pennsylvania, Appellant, v. Samuel J. SCARAMUZZINO, Appellee.

Supreme Court of Pennsylvania.

Decided July 5, 1979.

Attorney(s) appearing for the Case

George E. Christianson, Dist. Atty., Frederick S. Wolfson, Asst. Dist. Atty., Harry W. Reed, Jr., Lebanon, for appellant.

Joseph Michael Farrell, Harrisburg, for appellee.

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

OPINION OF THE COURT

EAGEN, Chief Justice.

Samuel J. Scaramuzzino was convicted by a jury in the Court of Common Pleas of Lebanon County of murder of the second degree.1 Post-verdict motions were filed, and a new trial was granted. The Commonwealth appeals from the order granting a new trial.2

The court granted the new trial as a result of its determination that the trial judge erred in charging...

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