decided: March 21, 1967.
Appeals 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.
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.
Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Dissenting Opinion by Mr. Justice Eagen. Mr. Justice Roberts joins in this dissenting opinion.
Author: Per Curiam
[ 424 Pa. Page 650]
Dissenting Opinion by Mr. Justice Eagen:
[ 424 Pa. Page 651]
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. See 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).
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