Legal Opinion · Dissent

Commonwealth v. McCabe

Supreme Court of Pennsylvania

Decided September 18, 1985No. 1654Published

1Dissent

SPAETH, President Judge,

dissenting:

I do not believe that the Commonwealth has carried its burden of establishing the corpus delicti by evidence independent of appellant’s confession or admission. Accordingly, I should reverse the judgment of sentence.

The general rule that governs this case is well settled:. The corpus delicti may not be established by a confession or admission standing alone. It follows that a confession or admission alone cannot support a conviction. Putting it conversely, a confession or admission must be corroborated by independent evidence of the corpus delicti. The…

2Cases cited20 opinions

  1. Brady v. United StatesSupreme Court of the United States · 1970
  2. Commonwealth v. ForbesSupreme Court of Pennsylvania · 1973
  3. Commonwealth v. WareSupreme Court of Pennsylvania · 1974
  4. Commonwealth v. LittleSupreme Court of Pennsylvania · 1974
  5. Commonwealth v. TurzaSupreme Court of Pennsylvania · 1940

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