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465 Pa. 208

348 A.2d 429

Commonwealth v. Riggs

Supreme Court of Pennsylvania

Decided October 30, 1975

Supreme Court of Pennsylvania · decided 1975-10-30

Cited by 24 later decisions — most recently September 1983

24 state decisions

Relies on Commonwealth v. McCutchen

Good law ✅— No negative treatment on recordhow we know

Decided 1975-10-30

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¶1OPINION OF THE COURT

PER CURIAM.

¶2Appellant was convicted of murder in the first degree, aggravated robbery and burglary stemming from the robbery and death by beating of one Isadore Selez on May 6, 1970. He was sentenced to life imprisonment on the murder charge and a concurrent 5 to 15 year term of imprisonment for aggravated robbery. Sentence was suspended on the burglary conviction.

¶3At the time of the offense and his arrest appellant was 15 years of age. He made an oral confession to the police before being granted the benefit of counsel or parental or informed interest-adult guidance. A motion to suppress the statement was made pre-trial and was denied; the statement was admitted into evidence at trial. We held recently in Commonwealth v. McCutehen, 463 Pa. 90, 343 A.2d 669 (1975) that a waiver of Miranda rights obtained under such circumstances is involuntary. It follows that appellant’s convictions must be reversed.

¶4Judgments of sentence reversed and new trial is ordered.

JONES, C. J., filed a concurring opinion.EAGEN, J., dissents.POMEROY, J., filed a dissenting opinion.
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