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COM. v. BUFFINGTON

828 A.2d 1024 (2003)

COMMONWEALTH of Pennsylvania, Appellee, v. Richard A. BUFFINGTON, Appellant.

Supreme Court of Pennsylvania.

Decided July 22, 2003.

Attorney(s) appearing for the Case

F. Cortez Bell, Clearfield, for Richard A. Buffington, Appellant.

Jeffrey D. Burkett, Brookville, for Commonwealth of Pennsylvania, Appellee.

Before CAPPY, Chief Justice, and CASTILLE, NIGRO, NEWMAN, SAYLOR, and LAMB, JJ.

OPINION

Justice SAYLOR.

In this case, we consider whether a defendant may be retried for sexual assault after a jury was unable to agree upon such count, but returned verdicts of not guilty on charges of rape and involuntary deviate sexual intercourse.

On July 4, 1998, Appellant and his wife invited S.P. and her friend A.B., both of whom were sixteen, to an Independence Day party. S.P. and A.B. arrived...

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