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COMMONWEALTH v. BAITY

428 Pa. 306 (1968)

Commonwealth v. Baity, Appellant.

Supreme Court of Pennsylvania.

January 9, 1968.

Attorney(s) appearing for the Case

George Johnson and Melvin Dildine, Assistant Defenders, and Herman I. Pollock, Defender, for appellant.

Alan J. Davis, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before BELL, C.J., MUSMANNO, JONES, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE ROBERTS, January 9, 1968:

In Commonwealth v. Garrett, 425 Pa. 594, 597-98, 229 A.2d 922, 925 (1967) we announced the rule that a defendant who had pled guilty at trial could nevertheless challenge an allegedly coerced confession collaterally, provided he could prove that the plea was primarily motivated by the confession.1 We are today faced with the task of settling some of...

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