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COM. v. SPELL

No. 592 CAP

28 A.3d 1274 (2011)

COMMONWEALTH of Pennsylvania, Appellee v. Gaylord SPELL, Appellant.

Supreme Court of Pennsylvania.

Decided October 7, 2011.

Attorney(s) appearing for the Case

Darrell W. Haeberle , Lawrence County Public Defender's Office, Dennis Anthony Elisco , New Castle, for Gaylord Spell.

John J. Bongivengo , Lawrence County District Attorney's Office, New Castle, Amy Zapp, PA Office of Attorney General, William John Flannery, Harrisburg, for Commonwealth of Pennsylvania.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.

OPINION

Justice EAKIN.

This is a direct appeal from a death sentence imposed after a jury convicted appellant of first degree murder and abuse of a corpse.1 We affirm the first degree murder conviction, but vacate appellant's sentence of death and remand to the trial court for imposition of a life sentence.

In the early morning hours of March 1, 2007, a custodian at the Lawrence County Career and Technical Center...

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