Commonwealth v. Fox

POPOVICH, Judge.

This is an appeal by the Commonwealth from the order of the Court of Common Pleas of Clarion County which suppressed the inculpatory statements which appellant, Larry Fox, made to police concerning his alleged sexual intercourse with his minor daughter. Upon review, we find that the lower court erred in suppressing appellee’s statements, and, accordingly, we reverse the suppression court’s order and remand for trial.

Herein, the Commonwealth complains: 1) The trial court erred in finding that appellee was in custody at the time of his interrogation; 2) The trial court erred in…