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COM. ex rel. GAITO v. MARONEY

206 Pa.Super. 113 (1965)

Commonwealth ex rel. Gaito, Appellant, v. Maroney.

Superior Court of Pennsylvania.

June 17, 1965.

Attorney(s) appearing for the Case

Stanley J. Reisman, with him Zigmund L. Dermer, for appellant.

Edwin J. Martin, Assistant District Attorney, with him Robert W. Duggan, District Attorney, for appellee.

Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, and HOFFMAN, JJ. (FLOOD, J., absent).

OPINION PER CURIAM, June 17, 1965:

Orders affirmed.

DISSENTING OPINION BY HOFFMAN, J.:

The Supreme Court of Pennsylvania in Commonwealth ex rel. Gaito v. Maroney, 416 Pa. 199, 204 A.2d 758 (1964), directed that a hearing be held in a lower court, ". . . in the presence of the defendant and consistent with the requirements of due process, to determine the voluntariness of Gaito's oral confession which was introduced...

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