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COMMONWEALTH v. SIMMS

284 Pa.Super. 528 (1981)

426 A.2d 620

COMMONWEALTH of Pennsylvania, v. Ronald SIMMS, Appellant.

Superior Court of Pennsylvania.

Filed May 15, 1981.

Petition for Allowance of Appeal Denied August 31, 1981.

Petition for Allowance of Appeal Denied October 9, 1981.

Attorney(s) appearing for the Case

Leonard I. Sharon, Pittsburgh, for appellant.

Robert L. Eberhardt, Deputy District Attorney, Pittsburgh, for Commonwealth, appellee.

Before HESTER, BROSKY and VAN der VOORT, JJ.

BROSKY, Judge:

On February 15, 1979, appellant, Ronald Simms, and codefendant, Phillip Mills, were arrested and charged with possession and delivery of a controlled substance1 in violation of the Drug Act.2

On the first day of the jury trial of Simms and Mills, counsel for Simms requested, and was granted, a mistrial because of a prejudicial statement made by the prosecutor during his opening remarks...

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