Legal Opinion

Commonwealth v. Smith

Supreme Court of Pennsylvania

Decided April 28, 1977No. 86 and 96PublishedCited by 99 opinions

1Opinion of the Court

. 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 effec*495tively 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 Smith, a 17-year-old youth, fired six shots in the direction of another youth who was a member of a rival gang. The bullets missed the intended victim and struck Crystal Loney and Batina Brooks, two innocent bystanders,…

2Cases cited30 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Gallegos v. ColoradoSupreme Court of the United States · 1962
  3. Commonwealth v. GoodwinSupreme Court of Pennsylvania · 1975
  4. Commonwealth v. McCutchenSupreme Court of Pennsylvania · 1975
  5. Commonwealth v. FoganSupreme Court of Pennsylvania · 1972

25 more not listed; retrieve them via the Exa API.

3Cited by99 opinions

  1. Commonwealth v. HughesSupreme Court of Pennsylvania · 1989
  2. State in Interest of DinoSupreme Court of Louisiana · 1978
  3. Ex Parte WhisenantSupreme Court of Alabama · 1985
  4. State v. TurcioSupreme Court of Connecticut · 1979
  5. Commonwealth v. a JuvenileMassachusetts Supreme Judicial Court · 1983

94 more not listed; retrieve them via the Exa API.

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