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COMMONWEALTH PENNSYLVANIA v. ROBERT E. SHARPE (07/14/78)

decided: July 14, 1978.

COMMONWEALTH OF PENNSYLVANIA
v.
ROBERT E. SHARPE, APPELLANT (TWO CASES)



Nos. 555 & 571 January Term 1976, Appeals from Judgments of Sentence of the Court of Common Pleas, Criminal Trial Division, of Philadelphia, at Nos. 867, 868 and 869 December Term, 1975

COUNSEL

Victor J. DiNubile, Jr., Philadelphia, for appellant.

Edward G. Rendell, Dist. Atty., Steven H. Goldblatt, Deputy Dist. Atty. for Law, Robert B. Lawler, Chief, Appeals Div., Adrian L. DiLuzio, Asst. Dist. Atty., 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

[ 479 Pa. Page 362]

OPINION OF THE COURT

Judgments of Sentence affirmed.

MANDERINO, Justice, dissenting.

Appellant, Robert E. Sharpe, was convicted in a non-jury trial of murder of the third degree, conspiracy, and weapons offenses. Post-verdict motions were denied and appellant was sentenced to a term of imprisonment. All appeals are now before this Court.

Prior to appellant's trial, appellant filed a motion to suppress a confession he had given police the night he was arrested. Appellant contended, as he does in this appeal, that his confession was obtained because of unnecessary delay between arrest and arraignment, in violation of Pa.R.Crim.P.

[ 479 Pa. Page 363130]

and Commonwealth v. Futch, 447 Pa. 389, 290 A.2d 417 (1972). The suppression judge, who was not the trial judge, denied the motion, and the confession was introduced at appellant's trial.

The case was tried by a judge sitting without a jury. In his opinion, the trial court stated that he did not consider appellant's confession in determining his guilt. The court stated that the convictions were based solely on the testimony of Roxanne Smith, an eyewitness to the stabbing. The trial court reasoned, in effect, that if the ...


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