Commonwealth v. Marabel

Opinion by

Mb. Justice Eagen,

This is an appeal from the judgment of sentence imposed by the court on the appellant, Barry Lee Marabel, following his conviction by a jury of murder in the second degree. The sole question presented is whether constitutional due process was violated at trial by the evidentiary use (over objection and after a timely motion to suppress) of oral admissions and a recorded and executed inculpatory statement given by Marabel to the police.

The record discloses the following pertinent facts.

On May 4, 1968, the State Liquor Store on Torres-dale Avenue in Philadelphia was…