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COMMONWEALTH v. CLARK

439 Pa. 192 (1970)

Commonwealth, Appellant, v. Clark.

Supreme Court of Pennsylvania.

July 2, 1970.

Attorney(s) appearing for the Case

David Richman, Assistant District Attorney, with him James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellant.

Sanford Kahn, for appellee.

Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.

OPINION BY MR. JUSTICE ROBERTS, July 2, 1970:

In 1951 appellee, while incarcerated in the Indiana State Reformatory in Pendleton, Indiana, made certain statements to the Warden in which he confessed to a murder in the Philadelphia area. After questioning and an investigation by Pennsylvania authorities, an indictment was returned in Philadelphia County at April Sessions 1952. A trial was not had on this indictment, however, until March of 1959. At that trial appellee...

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