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COMMONWEALTH v. MILLER (11/21/67)

decided: November 21, 1967.

COMMONWEALTH
v.
MILLER, APPELLANT



Appeal from judgment of Court of Oyer and Terminer and Quarter Sessions of Philadelphia County, Sept. T., 1965, No. 322, in case of Commonwealth of Pennsylvania v. Frank Miller.

COUNSEL

Leon W. Silverman, for appellant.

Welsh S. White, Assistant District Attorney, with him Alan J. Davis, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. Dissenting Opinion by Hoffman, J.

Author: Per Curiam

[ 211 Pa. Super. Page 311]

Judgment of sentence affirmed.

Disposition

Judgment affirmed.

Dissenting Opinion by Hoffman, J.:

The sole question raised in this appeal is whether unconstitutionally obtained statements, taken without proper Miranda warnings, can be used to impeach a defendant's testimony on cross-examination.

The defendant was charged and convicted of robbery. He admitted driving the get-away car for one

[ 211 Pa. Super. Page 312]

Rudy Tilghman, but denied participation in the crime. The defendant, on direct examination, stated that he met Tilghman during a crap game the day of the robbery. Tilghman asked defendant to drive him home to get some money. The defendant further testified that he drove Tilghman to 22nd and York Streets, in Philadelphia, and stopped the car. Tilghman got out, came back and they drove off. Soon thereafter defendant heard shots. He said Tilghman then told him: "The cops is after both of ...


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