COM. v. SHAIN


493 Pa. 360 (1981)

426 A.2d 589

COMMONWEALTH of Pennsylvania, v. Stephen SHAIN, Appellant.

Supreme Court of Pennsylvania.

Decided March 13, 1981.


Attorney(s) appearing for the Case

John Paul Curran, Philadelphia (Court-appointed), for appellant.

Robert B. Lawler, Chief, Appeals Div., Nancy Wasser, Philadelphia, for appellee.

Before ROBERTS, NIX, LARSEN, FLAHERTY and KAUFFMAN, JJ.


OPINION

NIX, Justice.

We are again faced with a challenge to the propriety of the remarks of a prosecutor during his summation to the jury. For the reasons that follow we are constrained to find that the learned trial judge erred in failing to grant the timely motion for mistrial pressed by the defense.

Appellant, Stephen Shain, was convicted by a jury of murder of the first degree and possessing an instrument of crime — generally. Following...

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