Appeal No. 90 January Term, 1975, from the Order of the Court of Common Pleas, Philadelphia County, Trial Division, Criminal Section, entered September 16, 1974, Granting a New Trial on Indictment No. 314, April Term, 1972; James T. McDermott, Judge.
F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., Maxine J. Stotland, Philadelphia, for appellant.
Ronald J. Brockington, Philadelphia, for appellee.
Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Jones, C. J., did not participate in the consideration or decision of this case. Pomeroy, J., filed a dissenting opinion in which Eagen, J., joins.
The order of the trial court suppressing appellee's statements because of violations of Rule 130 of Pa.R. of Crim.P., is affirmed.
For the reasons which are fully set forth in my dissenting opinion in Commonwealth v. Dutton, 453 Pa. 547, 551, 307 A.2d 238 (1973), I dissent from the Court's affirmance of the lower court's application of the exclusionary rule first announced in Commonwealth v. Futch, 447 Pa. 389, 290 A.2d 417 (1972), to police conduct which occurred prior to the Futch decision.