Commonwealth v. O'Malley

Dissenting Opinion by

Spaulding, J.:

Appellant James O’Malley was found guilty of robbery and assault and battery, together with an accomplice, following a jury trial in the Criminal Division of the Wyoming County Court which commenced on June 24, 1970. He was sentenced to serve a term of imprisonment of 2y2 to 5 years. No direct appeal was taken, but subsequently, appellant filed a petition under the Post Conviction Hearing Act. After a hearing, the petition was denied. This appeal followed.

Appellant contends that the trial court erred in submitting his confession to the jury without first…