424 PA 650 - Commonwealth v. Bennett

How this case has been cited

Cited by 8 later decisions — most recently May 2005

2 federal appellate · 6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

¶2David Kanner, with him Donald F. Copeland, and Kanner, Stein and Feinberg, for appellant.

¶3Alan J. Davis, Assistant District Attorney, with him Robert M. Borden, Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

¶4OPINION PER CURIAM, March 21, 1967:

¶5Judgment affirmed.

¶6DISSENTING OPINION BY MR. JUSTICE EAGEN:

¶7The trial in this case occurred in September 1965. Over objection, a confession given by Bennett to the police was permitted to be introduced in evidence, although, admittedly, at the time it was obtained he was not forewarned of his right to remain silent. This requires the grant of a new trial. See Commonwealth v.*651Jefferson, 423 Pa. 541, 226 A. 2d 765 (1967). The fact that Bennett may have been aware of his rights in this regard is not controlling. See, Miranda v. Arizona,384 U.S. 436, 468-69, 86 S. Ct. 1602, 1625 (1966).

¶8I dissent.

¶9Mr. Justice ROBERTS joins in this dissenting opinion.