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COMMONWEALTH v. McCRARY

465 Pa. 296 (1976)

350 A.2d 404

COMMONWEALTH of Pennsylvania v. Dempsey McCRARY, Appellant.

Supreme Court of Pennsylvania.

Decided January 29, 1976.

Attorney(s) appearing for the Case

John C. Anderson, Philadelphia, for appellant.

F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., Francis C. Barbieri, Jr., Philadelphia, for appellee.

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

OPINION OF THE COURT

PER CURIAM.

Judgment of sentence affirmed.

ROBERTS, J., filed a dissenting opinion in which NIX and MANDERINO, JJ., join.

ROBERTS, Justice.

Appellant Dempsey McCray alleges that his guilty plea was motivated by an illegally obtained confession. The majority refuses to grant him relief because he is unable to satisfy the third portion of the Marsh

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