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COMMONWEALTH PENNSYLVANIA v. THERON TRAPP (04/28/78)

decided: April 28, 1978.

COMMONWEALTH OF PENNSYLVANIA
v.
THERON TRAPP, APPELLANT (TWO CASES)



Nos. 399 and 480 January Term, 1976, Appeals Nunc Pro Tunc from the Judgments of Sentence of September 6, 1973, of the Court of Common Pleas, Criminal Trial Division, of Philadelphia, at Nos. 747, 749, 750 and 751 April Term, 1970

COUNSEL

Ronald R. Donatucci, Philadelphia, for appellant.

F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Deputy Dist. Atty. for Law, Paul S. Diamond, Philadelphia, for appellee.

Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix, Manderino and Larsen, JJ. Manderino, J., files a dissenting opinion in which Roberts, J., joins.

Author: Per Curiam

[ 478 Pa. Page 91]

OPINION OF THE COURT

Appellant, Theron Trapp, was convicted in the Court of Common Pleas of Philadelphia County of murder of the first degree, burglary, aggravated robbery, and conspiracy. He was sentenced to imprisonment for life for murder, and ten-to-twenty years each for burglary and robbery, all sentences to run consecutively. The prosecution entered a nolle prosequi on the conspiracy conviction. Appellant filed post-verdict motions which were denied on Sept. 6, 1973 and no direct appeal was taken. On November 3, 1975, appellant filed a petition under the Post Conviction Hearing Act. After a hearing, appellant was permitted to file appeals nunc pro tunc from the judgments of sentence imposed. He

[ 478 Pa. Page 92]

    then appealed the judgment of sentence on the murder conviction to this court. He also appealed the judgments of sentence for burglary and robbery to the Superior Court, which certified those appeals to this court.

Appellant raises three allegations of error concerning the admissibility of his inculpatory statement:

1. The police were required to inform him of the felonymurder rule;

2. The police acted improperly by telling him that his co-defendants in the robbery-murder ...


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