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COMMONWEALTH PENNSYLVANIA v. JOHN W. GATES (07/14/78)

SUPREME COURT OF PENNSYLVANIA


decided: July 14, 1978.

COMMONWEALTH OF PENNSYLVANIA
v.
JOHN W. GATES, JR., APPELLANT (TWO CASES)

Nos. 148 and 157 March Term, 1977, Appeal from the Judgments of Sentence dated April 15, 1977 of the Court of Common Pleas of Allegheny County, Pennsylvania, Criminal Division at Nos. CC 7508280 and CC 7508504

COUNSEL

Stanley W. Greenfield, John W. Murtagh, Jr., Greenfield & Minsky, Pittsburgh, for appellant.

Robert E. Colville, Dist. Atty., Robert L. Eberhardt, Charles W. Johns, Jacqueline Mikula Verney, Asst. Dist. Attys., Pittsburgh, for appellee.

Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix, Manderino and Larsen, JJ.

Author: Per Curiam

[ 479 Pa. Page 463]

ORDER

Appellant was convicted by a jury of murder in the second degree, robbery with a weapon, and unlawfully carrying a firearm without a license. He has appealed directly to this Court from the judgment of sentence for murder; appeals from the other convictions were certified to us by the Superior Court for consolidation with this appeal.

Appellant challenges the admission into evidence of two confessions on the grounds of denial of counsel, psychological coercion, and unreasonable delay in arraignment. We have examined the record and find these issues to be without merit. He also challenges admission of his statements by contending that they were tainted by pre-warning interrogation and resulted from an uninformed waiver of his constitutional rights. These issues have been waived for failure to comply with Rule 1123(a) and Commonwealth v. Blair, 460 Pa. 31, 331 A.2d 213 (1975).

Judgments of sentence affirmed.

19780714

© 1998 VersusLaw Inc.



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