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COMMONWEALTH v. HANDSOME (01/24/74)

decided: January 24, 1974.

COMMONWEALTH
v.
HANDSOME, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, June T., 1972, No. 1011, in case of Commonwealth of Pennsylvania v. Claude Handsome.

COUNSEL

Alfred P. Filippone, for appellant.

David Richman, Assistant 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

[ 455 Pa. Page 116]

The sole issue is the voluntariness of appellant's confession. The record does not indicate that the confession was other than "the product of a rational intellect and free will." Blackburn v. Alabama, 361 U.S. 199, 207-08, 80 S. Ct. 274, 280-81 (1960); Commonwealth v. Hallowell, 444 Pa. 221, 225-26, 282 A.2d 327, 329 (1971); see Davis v. North Carolina, 384 U.S. 737, 86 S. Ct. 1761 (1966); Commonwealth v. Eiland, 450 Pa. 566, 301 A.2d 651 (1973); Commonwealth v. Holton, 432 Pa. 11, 247 A.2d 228 (1968).

[ 455 Pa. Page 117]

Admission of the confession at trial was thus proper. On this record, there is no basis for disturbing the jury's verdict of voluntary manslaughter.

The judgment of sentence is affirmed.

Disposition

Judgment of sentence affirmed.

19740124

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