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COM. v. KELLY

555 Pa. 382 (1999)

724 A.2d 909

COMMONWEALTH of Pennsylvania, Appellant, v. Richard KELLY, Appellee. Commonwealth of Pennsylvania, Appellant, v. Edward Domes, Appellee.

Supreme Court of Pennsylvania.

Decided January 21, 1999.

Attorney(s) appearing for the Case

Robert E. Colville, Claire C. Capristo, Sandra Preuhs, Pittsburgh, for the Com.

Robert A. Crisanti, Pittsburgh, for Richard Kelly.

John Pushinsky, Pittsburgh, for Edward Domes.

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

OPINION OF THE COURT

CASTILLE, Justice.

This Court granted review solely to determine whether the Superior Court erred in reversing appellees' convictions for first degree murder on the ground that an instruction to the jury that tracked the language of Section Eighteen of the Pennsylvania Uniform Firearms Act (18 Pa.C.S. § 6104)1 created an impermissible mandatory presumption with respect

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