COM. v. TOURSCHER


453 Pa.Super. 1 (1996)

682 A.2d 1275

COMMONWEALTH of Pennsylvania, Appellee, v. Mark TOURSCHER, Appellant.

Superior Court of Pennsylvania.

Filed August 23, 1996.

Reargument Denied October 21, 1996.


Attorney(s) appearing for the Case

Mark D. Tourscher, pro se, appellant.

Michael J. Barrasse, District Attorney, Scranton, for Commonwealth, appellee.

Before KELLY, POPOVICH and HESTER, JJ.


POPOVICH, Judge:

Herein, among the issues with which we are presented is the unusual question of whether the prosecution may strike prospective jurors solely on the basis of gender in an effort to insure a fair and impartial jury for the defendant. After careful review, we conclude that appellant's constitutional rights under J.E.B. v. Alabama, 511 U.S. 127, 114 S.Ct. 1419, 128 L.Ed.2d 89 (1994), were violated, despite the prosecution...

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