Commonwealth v. McCutchen

NIX, Justice:

Appellant Freddy McCutchen, who was fifteen years of age at the time of the crime, was twice convicted by a jury of murder in the first degree arising out of a homosexual *99attack upon a six year old boy in Philadelphia.1 The Pennsylvania Supreme Court reversed the first conviction because the trial court erred in refusing to suppress McCutchen’s confession. Commonwealth v. McCutchen, 463 Pa. 90, 343 A.2d 696 (1975), cert. denied 424 U.S. 934, 96 S.Ct. 1147, 47 L.Ed.2d 341 (1976) (McCutchen I). McCutchen was subsequently retried and again found guilty of first degree murder. The…