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COM. v. SIMONS

514 Pa. 10 (1987)

522 A.2d 537

COMMONWEALTH of Pennsylvania, Appellee, v. Lawrence Demetrius SIMONS, Appellant.

Supreme Court of Pennsylvania.

Decided March 11, 1987.

Attorney(s) appearing for the Case

James J. Phelan, Jr., for appellant.

Gaele Mclaughlin Barthold, Deputy Dist. Atty., Ronald Eisenberg, Chief, Appeals Div., for appellee.

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

OPINION OF THE COURT

PAPADAKOS, Justice.

In this appeal, we are called upon to determine whether the type of prosecutorial misconduct present in this case prohibits re-trial on double jeopardy grounds. We answer in the negative and affirm the decision of Superior Court, 342 Pa.Super. 281, 492 A.2d 1119, which remanded the case to the Court of Common Pleas of Philadelphia County for...

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