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COMMONWEALTH PENNSYLVANIA v. JOSEPH MCMANUS (06/02/86)

filed: June 2, 1986.

COMMONWEALTH OF PENNSYLVANIA
v.
JOSEPH MCMANUS, APPELLANT



Appeal from the Judgment of Sentence of October 17, 1984, in the Court of Common Pleas of Allegheny County, Criminal Division, at No. CC 8310191.

COUNSEL

Gary B. Zimmerman, Pittsburgh, for appellant.

Robert L. Eberhardt, Deputy District Attorney, Pittsburgh, for Commonwealth, appellee.

Wieand, Del Sole and Hester, JJ.

Author: Hester

[ 353 Pa. Super. Page 357]

This is an appeal from judgment of sentence entered in Allegheny County on October 17, 1984. Appellant, Joseph McManus, was adjudged guilty at a non-jury trial of third degree murder. Post-verdict motions were filed and denied, and he was sentenced to undergo imprisonment of not less than eight nor more than twenty years.

On October 2, 1983, the body of Ralph Novak was discovered in Arsenal Park in the Lawrenceville section of Pittsburgh. A pathologist determined that Novak's death was due to severe trauma. The pathologist opined that lacerations, contusions, hemorrhaging and bone fractures of the head were caused by blows from a blunt object. Numerous contusions and abrasions were also discovered over the victim's torso and extremities, and one of his cervical vertebrae was fractured. It was the pathologist's opinion that either the head injuries or the fractured vertebra was sufficient to cause death.

Investigating officers discovered the victim's naked body on cement steps connecting a wading pool with a higher level of the park. A trail of blood across the pool, line markings on his torso and the crumpling of his two shirts over his chest and head indicated that the victim had been dragged as well as beaten. Hair and blood, matching the

[ 353 Pa. Super. Page 358]

    victim's, were discovered on the iron legs of a nearby park bench.

Appellant raises the following three arguments:

1. The trial court erred in admitting appellant's incriminating statement to homicide detectives because he was arraigned more than six hours after arrest;

2. The trial court erred in admitting the incriminating statement because appellant, a juvenile, was not accorded the benefit of consulting an informed and ...


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