COMMONWEALTH v. CUNNINGHAM


457 Pa. 397 (1974)

Commonwealth, Appellant, v. Cunningham.

Supreme Court of Pennsylvania.

July 16, 1974.


Attorney(s) appearing for the Case

E. Rendell, Assistant District Attorney, with him Joseph C. Murray and Steven H. Goldblatt, Assistant District Attorneys, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellant.

Stanley M. Schwarz, P.C., Arthur K. Makadon, and Milton M. Stein, for appellee.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.


OPINION BY MR. JUSTICE POMEROY, July 16, 1974:

This appeal by the Commonwealth presents the narrow question whether statements of a defendant which were volunteered to private citizens at a time when the defendant's mental state was, allegedly, such as to render him incompetent to testify to the subject matter of those statements may be suppressed pre-trial pursuant to Rule 323 of the Pennsylvania Rules of Criminal Procedure.

Appellee, Cornelius Cunningham...

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