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COM. v. HARVEY

514 Pa. 531 (1987)

526 A.2d 330

COMMONWEALTH of Pennsylvania, Appellant, v. John HARVEY, Appellee.

Supreme Court of Pennsylvania.

Decided May 27, 1987.

Attorney(s) appearing for the Case

Gaele McLaughlin Barthold, Deputy Dist. Atty., Harriet Brumberg, Philadelphia, for appellant.

Pamela Pryor Cohen, Philadelphia, for appellee.

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

OPINION

NIX, Chief Justice.

This is an appeal by the Commonwealth from an order of the Superior Court reversing the criminal convictions of John Harvey, the appellee herein, and granting him a new trial.1 Harvey had been tried and convicted in the Court of Common Pleas of Philadelphia County of first-degree murder and possessing an instrument of crime. The case was heard by a judge sitting without a jury, who later sentenced...

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