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COM. v. HUFFMAN

452 Pa.Super. 67 (1996)

681 A.2d 188

COMMONWEALTH of Pennsylvania v. Andrew Eric HUFFMAN a/k/a Eric Draighton, Appellant. COMMONWEALTH of Pennsylvania v. Eric J. GRIER, Appellant.

Superior Court of Pennsylvania.

Filed July 18, 1996.

Reargument Denied September 17, 1996.

Attorney(s) appearing for the Case

Bruce A. Franzel, Philadelphia, for Andrew E. Huffman.

Jack L. Gruenstein, Philadelphia, for Eric J. Grier.

Hugh J. Burns, Jr., Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before BECK, POPOVICH and HOFFMAN, JJ.

BECK, Judge.

The issue is whether in a double jeopardy pretrial order the trial court correctly determined that upon retrial the Commonwealth is permitted to seek a conviction for first degree murder.1 We affirm.

In their first trial, appellants were convicted of first degree murder and sentenced to death. The Pennsylvania Supreme Court reversed the murder convictions and remanded for a new trial because the trial court's instruction...

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