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COM. v. SMITH

532 Pa. 177 (1992)

615 A.2d 321

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

Supreme Court of Pennsylvania.

Decided September 18, 1992.

Attorney(s) appearing for the Case

William C. Costopoulos, Lemoyne, for appellant.

Robert A. Graci, Chief Deputy Atty. Gen. and Anthony Sarcione, Executive Deputy Atty. Gen., for appellee.

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

OPINION OF THE COURT

FLAHERTY, Justice.

In this infamous murder case, we are compelled to order the discharge of appellant Jay C. Smith. Despite our prior holding granting a retrial, Commonwealth v. Smith, 523 Pa. 577, 568 A.2d 600 (1989), we now hold that the prosecutorial misconduct during appellant's first trial was not only impermissible, but had constitutional implications under...

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