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COM. v. LEE

475 Pa. 314 (1977)

380 A.2d 371

COMMONWEALTH of Pennsylvania v. Thomas LEE, Appellant (two cases).

Supreme Court of Pennsylvania.

Decided December 1, 1977.

Attorney(s) appearing for the Case

Neil E. Jokelson, Philadelphia, for appellant.

F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Dep. Dist. Atty. for Law, Michael R. Stiles, Asst. Dist. Atty., Chief, Appeals Div., William E. Nugent, Philadelphia, for appellee.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, POMEROY, NIX, MANDERINO and PACKEL, JJ.

OPINION

PACKEL, Justice.

The evidentiary use of an uncounseled juvenile's confession, admittedly the primary evidence against the defendant, calls for a new trial under the per se rule of this Court. Commonwealth v. Jamison, 474 Pa. 541, 379 A.2d 87 (1977). The district attorney contends that this issue has not been preserved for appellate review. The issue, however, was considered...

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