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COM. v. SMALL

559 Pa. 423 (1999)

741 A.2d 666

COMMONWEALTH of Pennsylvania, Appellee, v. John A. SMALL, Appellant.

Supreme Court of Pennsylvania.

Decided November 1, 1999.

Attorney(s) appearing for the Case

Robert D. O'Brien, York, for J. Small.

John W. Thompson, Jr., York, Robert A. Graci, Harrisburg, Mary Lou V. Erb, York, for the Com.

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

OPINION

CASTILLE, Justice.

This is a direct appeal from a sentence of death imposed by the Court of Common Pleas of York County.1 Following a jury trial, which commenced on May 7, 1996, appellant was convicted of first degree murder2 and attempted rape3 in connection with the 1981 death of Cheryl Smith. The jury determined that the two aggravating circumstances...

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