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COM. v. SANDUTCH

498 Pa. 536 (1982)

449 A.2d 566

COMMONWEALTH of Pennsylvania, Appellant, v. James Vincent SANDUTCH, Appellee.

Supreme Court of Pennsylvania.

Decided June 30, 1982.

Reargument Denied September 2, 1982.

Attorney(s) appearing for the Case

Joseph P. Giovannini, Jr., Asst. Dist. Atty., for appellant.

Michael D. Foglia, Norma Chase, Pittsburgh, for appellee.

Before O'BRIEN, C.J., and ROBERTS, LARSEN, FLAHERTY, McDERMOTT and HUTCHINSON, JJ.

OPINION

LARSEN, Justice.

At approximately 2:30 a.m. on February 14, 1976, appellee James Vincent Sandutch, James Vincent Mastrota and Henry Mangum drove to the home of Luzerne County Deputy Sheriff Eugene Boyarski, where appellee and Mastrota threw a firebomb — a half-gallon milk bottle filled with gasoline — through a window, setting the house ablaze and killing Deputy and Mrs. Boyarski and their three children.

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