Commonwealth v. White

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

HUTCHINSON, Justice.

The Commonwealth appeals by allowance an order of Superior Court reversing an order of the Court of Common Pleas of Philadelphia, which had denied appellee post conviction relief under Section 5 of the Post Conviction Hearing Act.1 By its order Superior Court remanded the case for a new trial. We hold Superior Court erred in determining that the prosecutor’s remarks in his closing statement require a new trial for appellee. Therefore, we reverse and reinstate Common Pleas’ order denying appellee’s petition for relief.

*350Appellee was…