COMMONWEALTH v. BENNETT, 424 Pa. 650 (1967)

227 A.2d 823

Commonwealth v. Bennett, Appellant.

Supreme Court of Pennsylvania.November 22, 1966.
March 21, 1967.

Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O’BRIEN and ROBERTS, JJ.

Appeals, Nos. 322, 332, 333 and 334, Jan. T., 1966, from judgment of Court of Oyer and Terminer of Philadelphia County, Aug. T., 1964, Nos. 1105, 1106, 1107 and 1108, in case of Commonwealth of Pennsylvania v. Edward Bennett. Judgment affirmed.

Indictments charging defendant with murder, conspiracy and robbery. Before WEINROTT, J.

Verdict of guilty of murder in the second degree, conspiracy and robbery entered, and defendant’s motions for new trial and in arrest of judgment denied and judgment of sentence entered. Defendant appealed.

David Kanner, with him Donald F. Copeland, and Kanner, Stein and Feinberg, for appellant.

Alan J. Davis, Assistant District Attorney, with him Robert M. Borden, Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

OPINION PER CURIAM, March 21, 1967:

Judgment affirmed.

DISSENTING OPINION BY MR. JUSTICE EAGEN:

The trial in this case occurred in September 1965. Over objection, a confession given by Bennett to the police was permitted to be introduced in evidence, although, admittedly, at the time it was obtained he was not forewarned of his right to remain silent. This requires the grant of a new trial. Se Commonwealth v.

Page 651

Jefferson, 423 Pa. 541, 226 A.2d 765 (1967). The fact that Bennett may have been aware of his rights in this regard is not controlling. See, Miranda v. Arizona, 384 U.S. 436, 468-69, 86 S.Ct. 1602, 1625 (1966).

I dissent.

Mr. Justice ROBERTS joins in this dissenting opinion.

Page 1