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COM. v. McGRATH

508 Pa. 250 (1985)

495 A.2d 517

COMMONWEALTH of Pennsylvania, Appellee, v. David McGRATH, Appellant.

Supreme Court of Pennsylvania.

Decided July 9, 1985.

Attorney(s) appearing for the Case

Stanford Shmukler, Philadelphia, for appellant.

Robert B. Lawler, Chief, Appeals Div., Gaele McLaughlin Barthold, Philadelphia, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

OPINION OF THE COURT

PAPADAKOS, Justice.

This is a reargument of Commonwealth v. McGrath, 504 Pa. 103, 470 A.2d 487 (1983). In that case we held that David McGrath's inculpatory statement to his superior officer, a Marine Corps Captain, was inadmissible at McGrath's trial for murder, aggravated assault, and criminal conspiracy in Philadelphia, due to the failure of the Captain to give...

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