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COMMONWEALTH v. SMITH

472 Pa. 492 (1977)

372 A.2d 797

COMMONWEALTH of Pennsylvania v. Barry SMITH Appellant (two cases).

Supreme Court of Pennsylvania.

Decided April 28, 1977.

Attorney(s) appearing for the Case

Victor J. DiNubile, Jr., Philadelphia, for appellant.

F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., Deborah E. Glass, Asst. Dist. Atty., for appellee.

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

OPINION OF THE COURT

NIX, Justice.

This appeal again raises the troublesome issue as to when an accused under the age of 18 years may effectively waive his constitutional rights prior to custodial interrogation.1 For the reasons set forth hereinafter we are constrained to reverse the judgments of sentence and award the grant of a new trial.

On November 7, 1974, appellant, Barry...

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