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COM. v. SMALL

Nos. 472 CAP, 484 CAP

980 A.2d 549 (2009)

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

Supreme Court of Pennsylvania.

Re-Submitted January 5, 2009.

Decided October 5, 2009.

Attorney(s) appearing for the Case

Matthew C. Lawry, Philadelphia, for Small, John Amos.

Clarence N. Patterson, Jr., York, Office of the District Attorney, Amy Zapp, Harrisburg, for Commonwealth of Pennsylvania.

Before: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, GREENSPAN, JJ.

OPINION

Justice EAKIN.

A jury convicted John Small of attempted rape and first degree murder for killing Cheryl Smith in 1981. Small was tried jointly with co-defendant James Frey, who was also convicted of first degree murder and attempted rape. The facts underlying Small's conviction follow:

[O]n the evening of August 5, 1981, a group of people, including the victim, attended a party in the...

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