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COMMONWEALTH v. FISHER

466 Pa. 216 (1976)

352 A.2d 26

COMMONWEALTH of Pennsylvania Appellant, v. Paul FISHER, Appellee (two cases).

Supreme Court of Pennsylvania.

Decided January 29, 1976.

Rehearing Denied March 6, 1976.

Attorney(s) appearing for the Case

F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Harry Spaeth, Philadelphia, for appellant.

Charles Lowenthal, Philadelphia, for appellee.

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

OPINION OF THE COURT

EAGEN, Justice.

About 3:59 p.m. on July 22, 1974, Robert Clanton was fatally shot on Catherine Street in Philadelphia. Paul Fisher suffered a gunshot wound of the knee in the same incident and following the injury made his way to Graduate Hospital. About 4:30 p.m. Fisher was questioned by a Philadelphia police detective, while he was lying on a stretcher in the hallway of the hospital, as to how he

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