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COM. v. MOODY

476 Pa. 223 (1977)

382 A.2d 442

COMMONWEALTH of Pennsylvania, Appellant, v. Theodore MOODY.

Supreme Court of Pennsylvania.

Decided November 30, 1977.

Attorney(s) appearing for the Case

F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., Deborah E. Glass, Asst. Dist. Atty., for appellant.

John Rogers Carroll, Joseph D. Montgomery III, Philadelphia, for appellee.

Before EAGEN, C.J., and O'BRIEN, POMEROY, NIX, and MANDERINO, JJ.

OPINION

EAGEN, Chief Justice.

In this appeal by the Commonwealth we are asked to determine the constitutionality of section 1311 of the Sentencing Code, 18 Pa. C.S.A. § 1311 (Supp. 1977-78), which establishes sentencing procedures and standards regulating jury determinations of whether or not the death penalty should be imposed as punishment for murder, and which a panel of the Court of Common Pleas of Philadelphia held to be unconstitutional. We shall...

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