No. 2365 October Term, 1978 Appeal from the judgment of sentence imposed September 12, 1978, Nos. 954 and 955, July Term, (1976, Court of Common Pleas, Trial Division, Criminal Section, Philadelphia County
Salvatore J. Cucinotta, Philadelphia, for appellant.
Eric B. Henson, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.
Hester, Hoffman and Catania, JJ.*fn*
The defendant was arrested on July 8, 1976, and charged with robbery, possession of an instrument of crime, and violation of the uniform firearms act. The circumstances of the arrest are that the defendant was waiting in a newspaper delivery truck for the newspaper delivery man to return from a delivery. As the delivery man entered the truck, the defendant held a gun on him. He told the delivery man to, "Come on in." The delivery man fled as did the defendant. The defendant was captured and detained within a block of the delivery truck by two passersby. The police were summoned and they transported the defendant to a police station where one of the police officers started to read the defendant his Miranda rights. The police officer testified:
"A. . . . I turned the card over, the second side has the questions that require responses from the defendant.
A. I read him the first question which states, "Do you understand that you have the right to keep quiet and not to say anything at all?"
A. At that point, the defendant immediately looked at me and stated, "Look man, I didn't rob nobody this time, I only tried."
Q. I asked him, "Are you willing to make a statement? Do you want to make a written statement and sign it?"
A. He said, "I am not going to sign anything, I want to talk to a lawyer." At that point, I ...