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COMMONWEALTH v. BONAPARTE (09/15/66)

decided: September 15, 1966.

COMMONWEALTH
v.
BONAPARTE, APPELLANT



Appeal from judgment of Court of Quarter Sessions of the Peace of York County, Jan. T., 1965, No. 36, in case of Commonwealth v. John T. Bonaparte.

COUNSEL

Jan M. Wiley, with him Griest & Wiley, for appellant.

John T. Miller, First Assistant District Attorney, with him John F. Rauhauser, Jr., District Attorney, for Commonwealth, appellee.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. Dissenting Opinion by Hoffman, J.

Author: Per Curiam

[ 208 Pa. Super. Page 398]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

I dissent for two reasons:

I

The Commonwealth, over objection, introduced into evidence a statement given by appellant when first taken into police custody. In this statement appellant purportedly denied any knowledge of the burglary and declared that he had received the stolen wigs from a boy in Harrisburg.

The only warning given to appellant prior to the taking of the statement was: "You are now advised to rights for an attorney to be present and no attorney being present, are you willing to give us a voulantary [sic] statement without threats promises and also knowing ...


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