Appeal from order of Court of Common Pleas, Trial Division, of Philadelphia, April T., 1972, Nos. 165 to 171, inclusive, in case of Commonwealth of Pennsylvania v. Charles Peters.
Arthur R. Makadon, Assistant District Attorney, with him James Shellenberger, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellant.
John S. Manos, with him DePaul and Manos, for appellee.
Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy and Manderino, JJ. Mr. Chief Justice Jones and Mr. Justice Eagen dissent. Mr. Justice Nix took no part in the consideration or decision of this case.
The order of the Court of Common Pleas, Criminal Trial Division, of Philadelphia, entered November 16, 1972, suppressing appellee's statements, is affirmed on the basis of Commonwealth v. Tingle, 451 Pa. 241,
A.2d 701 (1973), Commonwealth v. Futch, 447 Pa. 389, 290 A.2d 417 (1972).
As for the Commonwealth's allegation that our decision in Futch, supra, should not apply to any arrest made prior to the date of that opinion, we find this contention to be without merit. Our decision in Futch merely interpreted Rule 118 of Pennsylvania Rules of Criminal Procedure, which became effective May 1, 1970. The principles announced in Futch were the law in this Commonwealth after the effective date of Rule 118.*fn1