COMMONWEALTH v. MARABEL


445 Pa. 435 (1971)

Commonwealth v. Marabel, Appellant.

Supreme Court of Pennsylvania.

October 12, 1971.


Attorney(s) appearing for the Case

F. Emmett Fitzpatrick, Jr., with him Joseph Michael Smith, for appellant.

Edward G. Rendell, Assistant District Attorney, with him Milton M. Stein, Assistant District Attorney, James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before BELL, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY and BARBIERI, JJ.


OPINION BY MR. JUSTICE EAGEN, October 12, 1971:

This is an appeal from the judgment of sentence imposed by the court on the appellant, Barry Lee Marabel, following his conviction by a jury of murder in the second degree. The sole question presented is whether constitutional due process was violated at trial by the evidentiary use (over objection and after a timely motion to suppress) of oral admissions and a recorded and executed inculpatory statement given by Marabel...

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