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COMMONWEALTH v. WAYMAN (09/26/72)

decided: September 26, 1972.

COMMONWEALTH
v.
WAYMAN, APPELLANT



Appeals from judgment of sentence of Court of Common Pleas of Lackawanna County, May T., 1967, Nos. 7A, B, C, D, E, and No. 10, and Oct. T., 1967, No. 20B, in case of Commonwealth of Pennsylvania v. George Wayman.

COUNSEL

Joseph T. McGraw, Public Defender, for appellant.

Paul R. Mazzoni, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Jacobs, Hoffman, Spaulding, Cercone, and Packel, JJ. Dissenting Opinion by Hoffman, J. Spaulding, J., joins in this dissenting opinion.

Author: Per Curiam

[ 222 Pa. Super. Page 531]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

Appellant contends in this appeal that his illegally obtained confession to seven burglaries was improperly introduced into evidence against him at his trial for one of these burglaries, and that his guilty pleas to the other six burglaries were involuntarily made because they were the product of the same illegally obtained confession.

[ 222 Pa. Super. Page 532]

In the course of a police investigation of a burglary at a general store in Scranton, Pennsylvania, police questioned Frank Smith, Jr., who admitted his participation in the burglary. Smith implicated the appellant in the crime. After a friend told appellant that the police were looking for him, appellant surrendered himself to the Scranton police at approximately 3:00 p.m. on January 31, 1967. Appellant was immediately booked and placed in a cell overnight. It was not until 3:15 p.m. the next day that appellant signed a waiver of counsel form and gave a written statement implicating himself in the burglary of the general store and six other burglaries. Thereafter, appellant was taken before a magistrate for preliminary arraignment.

On August 11, 1967, after appellant's motion to suppress his confession had been denied, appellant pleaded guilty to one of the burglaries and was sentenced to imprisonment. On October 2, 1967, appellant was tried before a jury and found guilty of the burglary of the general store. At this trial, appellant's confession was used against him. On November 1, 1968, ...


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