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COMMONWEALTH v. BRADY

No. 36.

43 Pa. D. & C. 2d 325 (1967)

Commonwealth v. Brady

Common Pleas Court of Crawford County, Pennsylvania.

July 17, 1967.

Attorney(s) appearing for the Case

Paul D. Shafer, Jr., for Commonwealth.

Mark D. Prather, for defendant.

THOMAS, J., July 17, 1967.

These cases are now before the court on defendant's motion for a new trial, and the sole issue raised thereby may be simply stated, as follows:

Do the exclusionary rules of Miranda v. Arizona, 384 U.S. 436, 34 L. W. 4521, apply to a retrial of a defendant originally indicted and sentenced after pleas of guilty in 1962?

This issue arose by reason of the following circumstances: In 1962, defendant...

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