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COMMONWEALTH v. BRADLEY (09/07/72)

decided: September 7, 1972.

COMMONWEALTH
v.
BRADLEY, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, Feb. T., 1968, No. 1103, in case of Commonwealth of Pennsylvania v. George Bradley.

COUNSEL

Lee Mandell, for appellant.

Benjamin H. Levintow, Assistant District Attorney, with him Milton M. Stein, Assistant District Attorney, James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Opinion by Mr. Justice Roberts.

Author: Roberts

[ 449 Pa. Page 20]

After a jury trial in the Philadelphia Common Pleas Court, appellant George Bradley was found guilty of first degree murder. The jury fixed appellant's penalty at death and after appellant's post-trial motions were denied and sentence imposed, appellant pursued this appeal.*fn1 Appellant raises four main contentions which we shall treat seriatim.

First, appellant contends that his arrest was made without probable cause and that his oral and written confessions, as tainted fruits of this allegedly unlawful arrest, were therefore improperly admitted into evidence

[ 449 Pa. Page 21]

    at his trial. This contention must be rejected, for appellant's arrest was clearly lawful.

On the evening of December 15, 1967, three males entered a bar located at 15th and York Streets in Philadelphia and held up Charles Mosicant, the bar's proprietor. During the course of this robbery, Mosicant was shot and killed.

On December 19, 1967, the police secured a confession from a Daniel Frazier admitting that he had participated in the robbery and killing of Mosicant.*fn2 In his confession Frazier implicated appellant as a participant in the same robbery. On the basis of this information supplied by Frazier, the police arrested appellant at his place of employment at approximately 11:20 P.M. on December 19, 1967.

We believe that appellant's arrest was clearly supported by probable cause. See Commonwealth v. Roach, 444 Pa. 368, 370, 282 A.2d 382, 383 (1971);*fn3 Commonwealth v. Negri, 414 Pa. 21, 31, 198 A.2d 595, 601 (1964), order of affirmance vacated on other grounds, Commonwealth v. Negri, 419 Pa. 117, 213 A.2d 670 (1965). It has long been the law of Pennsylvania that the uncorroborated testimony of an accomplice is sufficient to convict a defendant. See, e.g., Commonwealth v. Bruno, 316 Pa. 394, 402, 175 Atl. 518, 521 (1934); Commonwealth v. Elliott, 292 Pa. 16, 22-23, 140 Atl. 537, 539 (1928); Commonwealth v. DeMasi, 234 Pa. 570, ...


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