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COMMONWEALTH v. SIMON

509 Pa. 548 (1986)

506 A.2d 392

COMMONWEALTH of Pennsylvania, Petitioner, v. Robert Ronald SIMON, Respondent.

Supreme Court of Pennsylvania.

March 19, 1986.

ORDER

PER CURIAM:

AND NOW, this 19th day of March, 1986, the Order of the Court of Common Pleas of Allegheny County, Criminal Division, entered October 11, 1985, at No. CC8406482 in the above-captioned matter is vacated. The matter is remanded for trial without prejudice to respondent's right to raise the death qualification issue on direct appeal.

NIX, C.J., and ZAPPALA, J., file dissenting statements.

NIX, Chief Justice, dissenting.

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