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COM. v. JOHNSON

516 Pa. 527 (1987)

533 A.2d 994

COMMONWEALTH of Pennsylvania, Appellee, v. Michael Edwin JOHNSON, Appellant.

Supreme Court of Pennsylvania.

Decided December 2, 1987.

Attorney(s) appearing for the Case

Richard E. Bower, Asst. Public Defender, Uniontown, for appellant.

Gerald R. Solomon, Dist. Atty., Uniontown, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA and PAPADAKOS, JJ.

OPINION OF THE COURT

PAPADAKOS, Justice.

We must determine in this appeal whether the following summation to a jury, followed by a cautionary instruction, constitutes incurable prosecutorial misconduct which requires a new trial:

MR. ZEGLEN: They have been found guilty in any event. However, I cannot pick and choose my witnesses. Sure, I would like to have law-abiding citizens as witnesses. The problem is that crimes usually aren't committed in...

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