Appeal Nos. 100, 121 January Term, 1976 from the Order of the Court of Common Pleas, Trial Division, Criminal Section of Philadelphia, Granting a Petition to Suppress, at Nos. 875-883 June Term, 1975; Theodore B. Smith, Judge.
Steven H. Goldblatt, Clifford E. Haines, Asst. Dist. Attys., for appellant.
Chas. Lowenthal, Andrew G. Gay, Philadelphia, for appellee.
Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Roberts, J., filed a concurring opinion in which Manderino, J., joins.
ROBERTS, Justice (concurring).
I concur in the conclusion of the majority but wish to articulate the reason I do so.
On May 10, 1975, appellee Robert Rigler was taken into custody in connection with a homicide case. He gave police a statement and was arraigned later that day. Appellee was incarcerated awaiting further action.
A preliminary hearing was scheduled for May 15, 1975. When appellee was taken to the courtroom for the preliminary hearing he informed the court that he could not afford private counsel and asked that the court appoint counsel. The hearing was postponed and counsel was appointed the same day. Appellee was returned to the custody of the sheriff in the City Hall cell room.
The same day the police took custody of appellee and brought him to the Police Administration Building for further questioning. A "bring up" order was used to have appellee released to police for questioning. The order purported to have been issued and signed ...