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COMMONWEALTH PENNSYLVANIA v. DONALD FEIGHERY (03/03/86)

submitted: March 3, 1986.

COMMONWEALTH OF PENNSYLVANIA
v.
DONALD FEIGHERY, APPELLANT



Appeal form the Judgment of Sentence of July 11, 1984 in the Court of Common Pleas of Philadelphia County, Criminal Division, at No. 165/168 December Term, 1982.

COUNSEL

Marilyn J. Gelb, Philadelphia, for appellant.

Leslie A. Sudock, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Olszewski, Hoffman and Roberts, JJ.

Author: Hoffman

[ 354 Pa. Super. Page 2]

This is an appeal from the judgment of sentence for second degree murder, possession of an instrument of crime, and criminal conspiracy. Appellant contends that his statement to the police should have been suppressed because it was obtained in violation of the six-hour rule announced by our Supreme Court in Commonwealth v. Davenport, 471 Pa. 278, 370 A.2d 301 (1977). We disagree and, accordingly, affirm the judgment of the court below.

On September 12, 1982, a warrant for appellant's arrest was issued in Philadelphia on charges of murder, robbery, possession of an instrument of crime, and criminal conspiracy. The Philadelphia police were unable to locate appellant until November 6, 1982, when authorities in Wilkes-Barre, Pennsylvania, notified them that they had taken

[ 354 Pa. Super. Page 3]

    appellant into custody based on the Philadelphia warrant. Appellant was arrested by the Wilkes-Barre police at approximately 3:45 p.m. that day. After receiving this information, two Philadelphia detectives drove to Wilkes-Barre armed with the Philadelphia arrest warrant to arrest appellant and take him back to Philadelphia. The detectives arrived in Wilkes-Barre at 9:00 p.m. Appellant was brought before a Wilkes-Barre magistrate who informed appellant of the charges against him and set bail, which appellant failed to post. The Philadelphia detectives then drove appellant to Philadelphia; they arrived at 11:22 p.m. After waiving his Miranda*fn1 rights, appellant gave a statement to the Philadelphia police. He began his statement at 12:20 a.m., finished at 2:10 a.m., and was arraigned at 3:00 a.m.

Appellant contends that his statement should be suppressed because he was arraigned more than six hours after he was arrested by the Wilkes-Barre police. See Commonwealth v. Davenport, supra 471 Pa. at 286, 370 A.2d at 306. In Davenport, our Supreme Court held that any statement by the accused that is obtained after arrest and before arraignment is inadmissible if the accused was not arraigned within six hours of the arrest. Id. The Court adopted this rule to enforce the prompt arraignment requirement of Pa.R.Crim.P. 122 and 130.*fn2 Rule 122 provides:

[ 354 Pa. Super. Page 4]

When a defendant has been arrested in a court case, with a warrant, within the judicial district where the warrant of arrest was issued, the defendant shall be afforded a preliminary arraignment by the ...


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