COM. v. BRAZIL


549 Pa. 321 (1997)

701 A.2d 216

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

Supreme Court of Pennsylvania.

Decided September 22, 1997.


Attorney(s) appearing for the Case

Raymond D. Roberts, Pittsburgh, for Brian Brazil.

Mary McNeil Killinger, Hollie John, Norristown, for the Commonwealth.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ.


OPINION

NIGRO, Justice.

Appellant Brian Brazil appeals from the Superior Court's affirmance of his conviction for criminal conspiracy, assault by a prisoner, and simple assault. For the reasons presented herein, we reverse.

Appellant Brazil was an inmate at the State Correctional Institute at Graterford. On the evening of July 17, 1994, all the inmates were told to return to their cells for a cell check. Appellant suspected that the guards...

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