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COMMONWEALTH PENNSYLVANIA v. MICHAEL COLLIER (06/03/77)

decided: June 3, 1977.

COMMONWEALTH OF PENNSYLVANIA
v.
MICHAEL COLLIER, APPELLANT (TWO CASES)



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.

COUNSEL

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.

Author: Per Curiam

[ 473 Pa. Page 12]

OPINION OF THE COURT

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

[ 473 Pa. Page 13]

    reverse the judgment of sentence and grant appellant a new trial.

19770603

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