Commonwealth v. Demmitt, Jr., Cross (summary disposition)
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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT COMMONWEALTH OF PENNSYLVANIA, : No. 26 MAL 2015 : Respondent : Petition for Allowance of Appeal from the : Unpublished Order of the Superior Court : v. : : : HARVEY ELWOOD DEMMITT, JR., : : Cross Petitioner : ORDER PER CURIAM DECIDED: July 28, 2015 AND NOW, this 28th day of July, 2015, the Petition for Allowance of Appeal is GRANTED, and the Superior Court’s Order is VACATED. In ordering a new trial, the Superior Court failed to address Petitioner’s first two issues on appeal to that court — a challenge to the sufficiency of the evidence, and a constitutional challenge to the implicated statute — which, if meritorious, may warrant Petitioner’s discharge. Accordingly, the matter is REMANDED to the Superior Court to address the above two issues before addressing, if necessary, the remaining issues raised before it.
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