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COMMONWEALTH PENNSYLVANIA v. ALPHONSO JACKSON (04/28/77)

SUPREME COURT OF PENNSYLVANIA


decided: April 28, 1977.

COMMONWEALTH OF PENNSYLVANIA
v.
ALPHONSO JACKSON, APPELLANT

Appeal No. 69 January Term 1976, from the Judgment of Sentence of the Court of Common Pleas of Philadelphia, Trial Division, Criminal Section, at No. 1685 October Term 1974; Matthew W. Bullock, Judge.

COUNSEL

Richard E. Johnson, Philadelphia, for appellant.

F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., for appellee.

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

Author: Per Curiam

[ 470 Pa. Page 218]

OPINION

Judgment of sentence affirmed.

ROBERTS, Justice, concurring.

Appellant raises the following claims: (1) his admissions to the police after his arrest should have been suppressed because (a) they were obtained in violation of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966) and (b) they were involuntary; and (2) the evidence was insufficient to support the verdict of voluntary manslaughter.

[ 470 Pa. Page 219]

His first claim has been waived because it was not raised in written post-trial motions. Commonwealth v. Blair, 460 Pa. 31, 331 A.2d 213 (1975). The record demonstrates that the second claim is without merit. Therefore, I agree that judgment of sentence should be affirmed.

19770428

© 1998 VersusLaw Inc.



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