COM. v. WHITE


515 Pa. 348 (1987)

528 A.2d 596

COMMONWEALTH of Pennsylvania, Appellant, v. Aaron WHITE, Appellee.

Supreme Court of Pennsylvania.

Decided July 9, 1987.


Attorney(s) appearing for the Case

Eric B. Henson, Deputy Dist. Atty., Gaele M. Barthold, Chief, Prosecution Appeals, Ronald Eisenberg, Philadelphia, for appellant.

James S. Bruno, Philadelphia, for appellee.

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


OPINION ANNOUNCING THE JUDGMENT OF THE COURT

HUTCHINSON, Justice.

The Commonwealth appeals by allowance an order of Superior Court reversing an order of the Court of Common Pleas of Philadelphia, which had denied appellee post conviction relief under Section 5 of the Post Conviction Hearing Act.1 By its order Superior Court remanded the case for a new trial. We hold Superior Court erred in determining that the prosecutor's remarks...

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