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COM. v. SMITH

544 Pa. 219 (1996)

675 A.2d 1221

COMMONWEALTH of Pennsylvania, Appellee, v. Brian SMITH, Appellant.

Supreme Court of Pennsylvania.

Reargued March 6, 1996.

Decided May 22, 1996.

Attorney(s) appearing for the Case

Gerald Deady, West Pittston, Brian Smith, Chester, for Appellant.

Peter Paul Olszewski, and Scott Gartley, Wilkes Barre, Robert A. Graci, Office of Attorney General, Harrisburg, for Appellee.

Before FLAHERTY, ZAPPALA, CASTILLE, NIGRO and NEWMAN, JJ.

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

FLAHERTY, Justice.

Following a jury trial in the Court of Common Pleas of Luzerne County, appellant, Brian Smith, was found guilty on September 17, 1991 of murder of the first degree of a five-month-old boy. A sentencing hearing took place after which the jury returned a verdict of death.1 The court imposed the death sentence. The present...

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