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COM. v. KILGORE

547 Pa. 346 (1997)

690 A.2d 229

COMMONWEALTH of Pennsylvania, Appellee, v. Randy Lee KILGORE, Appellant.

Supreme Court of Pennsylvania.

Decided February 26, 1997.

Attorney(s) appearing for the Case

Allen H. Smith, York, for Kilgore.

Christy H. Fawcett, York, for Commonwealth.

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

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

ZAPPALA, Justice.

This case is before us on remand from the United States Supreme Court for further proceedings not inconsistent with its per curiam opinion, Pennsylvania v. Kilgore, ___ U.S. ___, 116 S.Ct. 2485, 135 L.Ed.2d 1031 (1996). We issued an opinion in this matter on December 26, 1995, which sets forth the factual and procedural history of the case. Commonwealth v. Kilgore,

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