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Commonwealth v. Stenhach

Pennsylvania Supreme Court

514 A.2d 114 (1987)

Relevant factsFree

Defense attorneys George and Walter Stenhach (defendants), at their client's direction, had an investigator retrieve a rifle stock used in a killing but did not disclose possessing it to the prosecution until trial; after their client was convicted of third-degree murder, the Stenhachs were themselves charged with and convicted of hindering prosecution, tampering with evidence, and related offenses. They appealed their convictions.

IssueFree

Whether a criminal defense attorney in possession of physical evidence incriminating his client must deliver the unaltered evidence to the prosecution, which may use the evidence but may not disclose the source of the evidence to a fact-finder.

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