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COM. v. KEMMERER

381 Pa.Super. 533 (1989)

554 A.2d 514

COMMONWEALTH of Pennsylvania, Appellant, v. Richard A. KEMMERER, Appellee.

Supreme Court of Pennsylvania.

Filed January 3, 1989.

Attorney(s) appearing for the Case

Joseph Giebus, Assistant District Attorney, Wilkes-Barre, for Com., appellant.

Lewis J. Bott, Assistant Public Defender, Hazleton, for appellee.

Before WIEAND, DEL SOLE and HESTER, JJ.

DEL SOLE, Judge:

The Commonwealth takes this appeal from a trial court order which dismissed charges of second and third degree murder as well as voluntary manslaughter against Appellee, Kemmerer. Bound by prior case law, we affirm the trial court's ruling.

After the beaten body of Robert S. Evans was discovered, Kemmerer was arrested and charged with criminal homicide, robbery and two counts of theft by unlawful taking or

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