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COMMONWEALTH PENNSYLVANIA v. STANLEY YATES (05/12/76)

SUPREME COURT OF PENNSYLVANIA


decided: May 12, 1976.

COMMONWEALTH OF PENNSYLVANIA
v.
STANLEY YATES, APPELLANT

COUNSEL

Robert B. Mozenter, Philadelphia, for appellant.

F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Marianne E. Cox, Asst. Dist. Atty., for appellee.

Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Roberts, J., filed a concurring opinion.

Author: Per Curiam

[ 467 Pa. Page 361]

OPINION OF THE COURT

Judgment of sentence affirmed.

ROBERTS, Justice (concurring).

Appellant contends that his confession was coerced and therefore should have been suppressed. His claim is based on two factors: (1) his own disputed testimony at the suppression hearing that his request to see his attorney was denied and that he was physically abused; and (2) the testimony at trial of his attorney that he telephoned the police station and was given false information.


*fn* It appears that appellant did not even attack the admissibility of his confession at trial. He neither objected nor made an offer of proof of inadmissibility when the Commonwealth presented the confession. The record reveals that the attorney's testimony was offered to attack the weight that should be given the confession rather than to attack its admissibility.


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