Commonwealth v. Shain

OPINION

NIX, Justice.

We are again faced with a challenge to the propriety of the remarks of a prosecutor during his summation to the jury. For the reasons that follow we are constrained to find that the learned trial judge erred in failing to grant the timely motion for mistrial pressed by the defense.

Appellant, Stephen Shain, was convicted by a jury of murder of the first degree and possessing an instrument of crime — generally. Following the dismissal of post-verdict motions, appellant was sentenced to life imprisonment for the first degree murder conviction and to a concurrent term of two…