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COMMONWEALTH PENNSYLVANIA v. MARVIN PALMER (06/07/75)

decided: June 7, 1975.

COMMONWEALTH OF PENNSYLVANIA, APPELLEE,
v.
MARVIN PALMER, APPELLANT (TWO CASES)



COUNSEL

Abraham T. Needleman, Needleman, Needleman, Tabb & Eisman, Philadelphia, for appellant.

F. Emmett Fitzpatrick, Dist. Atty., Richard A. Sprague, First Asst. Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., Carolyn Engel Temin, Asst. Dist. Atty., Abraham J. Gafni, Deputy Dist. Atty., for Law, Philadelphia, for appellee.

Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy and Manderino, JJ. Roberts, J., dissents. Manderino, J., filed a dissenting opinion. Nix, J., did not participate in the consideration or decision of this case.

Author: Eagen

[ 463 Pa. Page 28]

OPINION OF THE COURT

Marvin Palmer, the appellant herein, was convicted by a jury of murder in the second degree, carrying a concealed deadly weapon and unlawfully carrying a firearm.*fn1 Motions for a new trial and/or arrest of judgment

[ 463 Pa. Page 29]

    were denied. A prison sentence of seven to fifteen years was imposed on the murder conviction and a concurrent prison sentence of three years was imposed on the firearms conviction. These appeals followed.*fn2

The prosecution emanated from the fatal shooting of Robert Williams, a sixteen-year-old youth, as he left the Chicken Pox Club on West Allegheny Avenue in Philadelphia, around midnight on May 19, 1972. Palmer was identified by eyewitnesses as the one who fired the shots. On the basis of this information, the police arrested Palmer without a warrant at 6:30 a.m. the following morning, and charged him with murder.

The sufficiency of the evidence to sustain the conviction is not questioned. However, Palmer asserts several errors in the prosecution process require a new trial. We do not agree and thus affirm.

The primary assignment of error relates to the use at trial of inculpatory statements and physical evidence obtained from Palmer by the police. It is said this evidence was the product of an unnecessary delay between arrest and arraignment and should have been suppressed. See Rule 118 (now 130) of the Pennsylvania Rules of Criminal Procedure. See also Commonwealth v. Futch, 447 Pa. 389, 290 A.2d 417 (1972). The relevant facts, as disclosed by the record, are as follows:

After his arrest, Palmer was transported directly to Homicide Headquarters in the Police Administration Building. Upon his arrival at 7:05 a.m., Palmer was placed in an interview room where he remained alone until 9:10 a.m. At that time he was advised of his constitutional rights, as mandated by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and informed ...


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