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Criminal Procedure Keyed to Ohlin
Spano v. New York
Citation:
360 U.S. 315 (1959)Facts
Petitioner Vincent Joseph Spano is a derivative citizen of this country, having been born in Messina, Italy. He was 25 years old at the time of the shooting in question. he had a record of regular employment. The shooting took place on January 22, 1957, when petitioner was drinking in a bar. The decedent took some of petitioner’s money from the bar. Petitioner followed him out of the bar to recover it. Petitioner fired five shots causing decedent’s death and disappeared. The Bronx County Grand Jury returned an indictment for first-degree murder against petitioner. Three detectives prepared questions, but petitioner persisted in his refusal to answer, and again requested permission to see his attorney. He request was denied several times. The detective decided that petitioner’s close friend, Bruno, could be of use. He had been called out on the case, though he was not connected with the case. Bruno was told to tell petitioner that petitioner’s telephone call had gotten him in a lot of trouble, and that he should seek to extract sympathy from petitioner for Bruno’s pregnant wife and three children. The detectives also elicited a statement from petitioner that the deceased was always on his back, always pushing him and that he was not sorry he had shot the deceased. The petitioner eventually confessed that he had shot the decedent.
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