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492 Pa. 536

Commonwealth v. Horner

Supreme Court of Pennsylvania

Decided February 5, 1981

Supreme Court of Pennsylvania · decided 1981-02-05

Cited by 2 later decisions — most recently November 1986

2 state decisions

Relies on Commonwealth v. McCutchen

Good law ✅— No negative treatment on recordhow we know

Decided 1981-02-05

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ROBERTS, Justice,

¶1concurring.

¶2This record reveals a clear violation of Pennsylvania’s “interested-adult” rule. See e. g., Commonwealth v. McCutchen, 463 Pa. 90, 343 A.2d 669, cert. denied, 424 U.S. *541934, 96 S.Ct. 1147, 47 L.Ed.2d 341 (1975). However, this record is equally clear that the Commonwealth in no respect utilized the illegally-obtained statement, either to obtain a waiver of appellant’s right to trial by jury or to incriminate appellant at trial. Thus, I concur in the result.

O’BRIEN, C. J., joins this concurring opinion.
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