Appeal Nos. 167 and 171 January Term, 1975, from the Judgments of Sentence of the Court of Common Pleas, Philadelphia County, Trial Division, Criminal Section, as of November Term, 1973, Nos. 506-507; Joseph C. Bruno, Judge.
Daniel H. Greene, Philadelphia, for appellant.
F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., Benjamin Levintow, Philadelphia, for appellee.
Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Jones, former C. J., did not participate in the consideration or decision of this case. Roberts, J., filed a dissenting opinion in which Manderino, J., joins.
Judgment of sentence affirmed.
ROBERTS, Justice, dissenting.
I dissent, Appellant's statements were admitted in violation of Pa.R.Crim.P. 130; see Commonwealth v. Cherry, 457 Pa. 201, 321 A.2d 611 (1974); Commonwealth v. Futch, 447 Pa. 389, 290 A.2d 417 (1972). I would therefore
reverse the judgment of sentence and grant appellant a new trial.