Edward K. Nichols, Jr., Philadelphia, for appellant.
F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., Abraham Gafni, Philadelphia, for appellee.
Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy, Nix, and Manderino, JJ. Nix, J., joins in Part I of this opinion and files a concurring opinion concerning Part II of the opinion. Pomeroy, J., files a dissenting opinion in which Jones, C. J., and Eagen, J., join.
Appellant, Frank Lee, was tried by a judge and jury and found guilty of murder in the first degree, aggravated
robbery, burglary and conspiracy. Post-trial motions were denied and appellant was sentenced to a term of life imprisonment at a state correctional institution on the murder conviction. He was also sentenced to concurrent prison terms of ten to twenty years (aggravated robbery), ten to twenty years (burglary) and one to two years (conspiracy). The convictions arise from the May 6, 1970, beating death of Isadore Selez.
Appellant filed a direct appeal to this court on the murder conviction. He appealed the other convictions to the Superior Court, which on June 10, 1975, certified those appeals to this court.
Appellant argues that the court erred in failing to suppress a confession, as he was not allowed to consult with his parents before waiving his Miranda rights. We agree.
The facts surrounding this appeal are as follows. Appellant was a fifteen-year-old juvenile at the time of his arrest. He was arrested at his home on May 8, 1970, at 2:00 a. m. Appellant arrived at the Police Administration Building at 2:07 a. m. At 2:25 a. m., prior to any questioning by police, appellant was given his Miranda warnings. He "waived" his constitutional rights, and admitted involvement in the robbery-slaying of Selez. His statement was reduced to writing by 3:23 a. m. At this point, the police called appellant's parents, who were taken by the police to see their son. The parents arrived at 3:53 a. m., and were told that appellant had been given his Miranda warnings. Appellant was allowed to talk to his parents ...