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COM. v. MOORE

937 A.2d 1062 (2007)

COMMONWEALTH of Pennsylvania, Appellee v. Mikal MOORE, Appellant.

Supreme Court of Pennsylvania.

Re-Submitted November 21, 2006.

Decided December 28, 2007.

Attorney(s) appearing for the Case

Larry Feinstein, for Mikal Moore, appellant.

Amy Zapp, Harrisburg, Hugh J. Burns, Jr., Philadelphia Dist. Attorney's Office, for the Com. of PA.

BEFORE: CAPPY, C.J., CASTILLE, SAYLOR, EAKIN, BAER, BALDWIN and FITZGERALD, JJ.

OPINION

Justice SAYLOR.

This is a capital direct appeal. The background is as follows.

Sometime before midnight on January 17, 1998, Appellant, Andrea Kinney, and Michael Mobley summoned an unlicensed taxicab, or a hack, to take them from North to West Philadelphia, in the vicinity of 60th and Market Streets. Kinney and Mobley separated from Appellant briefly. When they regrouped, Appellant complained that he had been "stolen" or "sucker punched...

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