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COMMONWEALTH v. GAGLIARDI (01/09/70)

SUPREME COURT OF PENNSYLVANIA


decided: January 9, 1970.

COMMONWEALTH
v.
GAGLIARDI, JR., PETITIONER

Petition for leave to appeal from order of the Superior Court, No. 63, Oct. T., 1969, affirming order of Court of Common Pleas, Trial Division, of Philadelphia, Aug. T., 1963, No. 522, in case of Commonwealth v. Carl B. Gagliardi, Jr.

COUNSEL

John F. X. Fenerty, and Bartolomeo, Baratta & Fenerty, for appellant.

James D. Crawford, Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Bell, C. J., Jones, Cohen, Eagen, O'Brien, Roberts and Pomeroy, JJ.

Author: Per Curiam

[ 436 Pa. Page 613]

After considering the complete record in this case, it is our conclusion that the appellant is entitled to an evidentiary hearing in the trial court to determine the voluntariness of the confession introduced in evidence against him at trial.

Therefore, allocatur is granted; the orders of the Superior Court and the court of original jurisdiction are vacated; and the record is remanded for the proceedings before indicated.

Disposition

Allocatur granted, orders of Superior Court and court of original jurisdiction vacated, and record remanded.

19700109

© 1998 VersusLaw Inc.



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