Commonwealth v. Story

OPINION

ROBERTS, Justice.

Appellant, Stanton Story, has been tried and convicted in March of 1975 for an offense committed in July of 1974, sentenced pursuant to a death penalty statute declared unconstitutional while his appeal was pending, and granted *275a new trial on appeal in January of 1978 because of the prosecution’s introduction of improper evidence. He now appeals from a judgment of sentence of death imposed pursuant to the Act of September 13, 1978, P. L. 756, following the retrial. We do not disturb the conviction. However, because we conclude that the Act of September 13, 1978, does…