TAMILIA, Judge:
The Commonwealth appeals the final Order dated December 4, 1990 which granted appellee's pretrial motion to preclude the Commonwealth from proceeding with the instant murder prosecution as a capital case.
Anthony Buonopane, appellee, was charged with murder for shooting a man six to eight times on a public street. At the time of arraignment, appellee was notified in conjunction with Pa.R.Crim.P. 352, Notice of aggravating circumstances, that...
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