COM. v. SMITH


404 Pa.Super. 553 (1991)

591 A.2d 730

COMMONWEALTH of Pennsylvania, Appellee, v. Jay C. SMITH, Appellant.

Superior Court of Pennsylvania.

Filed May 22, 1991.

Petition for Allowance of Appeal Granted September 20, 1991.


Attorney(s) appearing for the Case

William Costopoulos, Lemoyne, for appellant.

Robert A. Graci, Deputy Atty. Gen., Harrisburg, for Com., appellee.

Before CAVANAUGH, McEWEN and MONTGOMERY, JJ.


CAVANAUGH, Judge:

Should all charges against appellant Jay C. Smith be dismissed and a retrial barred because of an alleged pattern of prosecutorial misconduct during trial and on appeal?

The history of the case, relevant to our present inquiry, may begin with the conviction of Smith by a jury of murder in the first degree for the killing of Susan Reinert and her two children Karen and Michael. At the penalty stage of the proceedings, the jury found two aggravating...

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