Robert P. Paskings, Philadelphia, for appellant.
F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., Philadelphia, for appellee.
Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Jones, former C. J., did not participate in the decision of this case.
Appellant, Samuel R. Davenport, was convicted of murder of the second degree after a jury trial. Post-trial motions were denied, and appellant was sentenced to eight to twenty years imprisonment. In this appeal,*fn1 he asserts that he is entitled to a new trial because a
statement taken from him should have been suppressed as the product of unnecessary delay between arrest and arraignment in violation of Pa.R.Crim.P. 130. Commonwealth v. Futch, 447 Pa. 389, 290 A.2d 417 (1972). We conclude that there was unnecessary delay between appellant's arrest and arraignment*fn2 and that the statement taken from appellant while in custody should have been suppressed.*fn3 We reverse and remand for a new trial.
On April 2, 1973, Richard Kennedy, a security guard, was stabbed in the locker room of the Triangle Publications Building in Philadelphia. Appellant was arrested at approximately 1:50 a. m. on April 3, 1973, several blocks from the premises by police officers who noticed that he was wearing his jacket inside out and that it was bloodstained. Appellant was immediately taken to the hospital where Kennedy was being treated. Kennedy, who died ten days later, could not identify appellant with certainty. Appellant was taken to the Central Detective Division headquarters at 2:15 a. m. and was placed in a detention room. At 3:08 a. m. he was given his Miranda warnings, and asked to participate in a line-up. He executed a written waiver of his right to counsel at the
line-up. At 3:22 a. m. he was taken back to the detention room.
Appellant was held in the detention room until 5:00 a. m., when a line-up was conducted. At the conclusion of the line-up at 6:00 a. m., a detective told appellant that he had been identified as having been at the Triangle Publications Building the evening of the stabbing, and then began another interrogation session. Appellant denied any involvement in the killing. At 9:20 a. m. there was a break in the interrogation while appellant's clothing was taken for laboratory testing pursuant to a search warrant. After receiving assurances that the victim was still alive, appellant made his first admission of guilt at 9:55 a. m., eight hours after arrest. A written statement was taken at 11:30 a. m., and a formal typewritten statement was later taken, which appellant signed at 2:40 p. m. The last entry on the police department records is 2:50 p. m., when appellant was slated. At the suppression ...