¶1Opinion by
¶2On March 21, 1968, at 1:45 p.m., a check-cashing agency in Philadelphia was robbed by two men, and *4the proprietor, Charles Ticktin, was killed. An estimated $1500 was stolen in the robbery. The victim’s wife, Edith Ticktin, seeing the two holdup men enter the premises, immediately ran out the back door, screaming for help. The proprietor of the establishment next door immediately went to call the police. Mrs. Ticktin then heard two shots and returned to find her husband lying wounded on the floor. He died several days later.
¶3At least four people were in the vicinity at the time of the killing. From these witnesses, police, who soon arrived on the scene, learned that two men, one wearing a light-colored raincoat, dark glasses and a hat, and the other wearing a dark jacket, were seen jumping out of a car, driven by a woman, and entering the store before the shooting and were again seen running back from the store and entering the same car, a black Oldsmobile with a license plate ending with the digits 965, after the killing. Several police officers, having received descriptions of the car, its license plate and the occupants, participated in the apprehension of the holdup participants. A car matching the description of the Oldsmobile involved was encountered within minutes of the robbery by police patrolling in the area. After a high-speed chase, which took nearly ten minutes, these police forced the black Oldsmobile to a halt. The two male occupants of the car jumped out and ignored an order to stop. One of them, the appellant, William Smith, was shot as he attempted to flee and was arrested immediately. The other male, William Barks-dale, see Commonwealth v. Barksdale, 442 Pa. 456, 275 A. 2d 291 (1971), and the driver, Loretta Johnson, were both arrested moments later.
¶4Two other officers, recognizing the automobile as the one which was the subject of police radio broadcasts, came upon the scene soon after the appellant and his compatriots had been captured. One officer re*5moved a three-quarter-length tan jacket, containing $1,758 in cash, from the rear seat of the automobile. Another officer removed a disassembled shotgun and two spent twelve-gauge shells from the automobile. The automobile was driven to the police station where, approximately two hours later, it was photographed and a number of items, including a light-colored raincoat and a black leather car coat, were removed from the seats, floor and trunk.
¶5Appellant, William Smith, after being tried separately from his co-defendants, before a judge and jury, was found guilty of murder in the first degree and aggravated robbery. After denial of his post-tidal motions, he was sentenced to life imprisonment for the murder, with a concurrent ten to twenty years sentence for the robbery. He now brings this appeal.
¶6Appellant raises several contentions in his appeal for a new trial. He first argues that the eyewitness identification by the decedent’s widow, Mrs. Edith Tick-tin, should not have been admitted because it was based, not upon her “fleeting, frightened glance of the robber’s face,” but upon a photographic lineup where Mrs. Tick-tin was shown nine to ten photographs, including a picture of appellant, after appellant had already been taken into custody, and without the presence of counsel for appellant. Appellant argues that this procedure violated our ruling in Commonwealth v. Whiting, 439 Pa. 205, 266 A. 2d 738 (1970), and, therefore, that the court erred in failing to grant his motion to suppress Mrs. Ticktin’s testimony. However, we do not believe that our decision in Whitingshould be applied retroactively. Since the photographic identifications challenged here occurred in March of 1968, and our decision in Whitingwas not made until July 2, 1970, appellant will not be permitted to take advantage of our Whitingdecision.
¶7*6The considerations which impelled the United States Supreme Court in Stovall v. Denno, 388 U.S. 293 (1967), to deny retroactive effect to the rulings in United States v. Wade, 388 U.S. 218 (1967), and Gilbert v. California, 388 U.S. 263, 87 S. Ct. 1951 (1967), are equally cogent here. Prior to the Third Circuit’s first opinion in United States v. Zeiler, 427 F. 2d 1305, 1307 (3d Cir. 1970), and our own opinion in Whiting, supra,the weight of authority was to the effect that an accused was not entitled to counsel while his photographs were being shown to witnesses to a crime. Law enforcement authorities fairly relied on this rule and retroactive application of our decision in Whiting“would seriously disrupt the administration of our criminal laws.” Stovall, supra.
¶8Appellant next argues that the evidence seized by the police from the automobile at or near 5238 Spruce Street, when Smith and his confederates were apprehended, and the evidence taken from the same car sometime after it had been driven to the police station at 55th and Pine Streets should not have been admissible at trial, since no search warrant was procured for either search. However, we believe that no warrant was required to legitimate either search under the holding of the United States Supreme Court in Chambers v. Maroney, 399 U.S. 42 (1970). In Chambers, supra,the court reaffirmed its decision in Carroll v. United States, *7267 U.S. 132 (1925), that “a search warrant [is] unnecessary where there is probable cause to search an automobile stopped on the highway; the car is movable, the occupants are alerted, and the car’s contents may never be found again if a warrant must be obtained.” 399 U.S. at 51.
¶9Clearly, on the basis of the reasoning in Carroll, alone, the first search made in the instant case would be permissible because it was made incident to arrest of the occupants of the car. As for the second search, which was not conducted until two hours after the appellant and his co-felons had been taken into custody and the car had been taken to the police parking lot, it was just such a fact situation with which the court had to deal in Chambers. The court admitted that once the car had been lawfully seized the police could have gotten a warrant. However, the court approved the later search because, as they explained:
¶10“. . . For constitutional purposes, we see no difference between on the one hand seizing and holding a car before presenting the probable cause issue to a magistrate and on the other hand carrying out an immediate search without a warrant. Given probable cause to search, either course is reasonable under the Fourth Amendment.
¶11“. . . The probable-cause factor still obtained at the station house and so did the mobility of the car unless the Fourth Amendment permits a warrantless seizure of the car and the denial of its use to anyone until a warrant is secured. In that event there is little to choose in terms of practical consequences between an immediate search without a warrant and the car’s immobilization until a warrant is obtained.” 399 U.S. at 52.
¶12Both Commonwealth v. Cockfield, 431 Pa. 639, 246 A. 2d 381 (1968), and Coolidge v. New Hampshire, 403 *8U.S. 443 (1971), upon which appellant seeks to rely, concern fact situations with an important distinction from the fact situation in the instant case. Gockfield and Goolidge both concerned the searches of cars which were not under the “immediate control” of the defendants at the time of their arrests and, therefore, in neither case could an initial search be justified as “incident to an arrest.” Chimel v. California, 395 U.S. 752 (1969).
¶13Appellant urges that we not follow Chambers. He argues that its value as precedent was severely limited by the Supreme Court’s decision in Goolidge, an argument with which we take issue. See Goolidge, supra, footnote 20 at page 463. He also emphasizes that in *9the instant case, unlike Chambers, the police were able to make an immediate search where the car was stopped on the road. However, the quick search done in the street was no substitute for the thorough search to which the Commonwealth was legally entitled once it had a constitutional right to seize the car.
¶14Appellant next argues that the trial court committed reversible error by warning Loretta Johnson, appellant’s co-conspirator, in the presence of the jury, of her right against self-incrimination. We would agree with appellant that it is better in all such cases to give these warnings without the jury being present, so that if a co-conspirator chooses to exercise basic Fifth Amendment rights, the defendant will not be prejudiced. Compare Namet v. United States, 373 U.S. 179 (1963). However, when the co-conspirator chooses not to exercise those rights, such as happened in the instant case, we cannot see how the defendant is unfairly prejudiced. We are convinced that when Miss Johnson readily admitted on the stand that she had in fact planned with appellant and Barksdale to commit the crime in question, the jury would have been well aware that Miss Johnson’s testimony was self-incriminating, even if they had not been present when she was warned to that effect.
¶15Appellant’s argument that the court’s remarks with regard to the medical records, concerning the treatment which appellant received for the bullet wounds in his leg, entitle him to a reversal, will not be considered, since counsel made no objection at the time the court made the remarks. Compare, Commonwealth v. Bittner, 441 Pa. 216, 272 A. 2d 484 (1971). In any case, in view of the evidence presented in this case, including the testimony of the police as to the circumstances surrounding appellant’s arrest, it would appear that the court’s characterization of the medical record as *10containing a “history taken from Mr. Smith in which he gave a history of having been shot in the course of a holdup” was at most harmless error. Chapman v. California, 386 U.S. 18 (1967).
¶16Appellant’s last contention is that the imposition of a separate sentence for robbery, to run concurrently with the life sentence which he received for the murder, constituted double jeopardy. He argues that the governing principle of law is found in Commonwealth v. Comber, 374 Pa. 570, 584, 97 A. 2d 343 (1953), where we said, quoting from Commonwealth ex rel. Moszczynski v. Ashe, 343 Pa. 102, 104, 21 A. 2d 920 (1941) : “. . . The true test of whether one criminal offensehas merged in another is not (as is sometimes stated) whether the two criminal acts are ‘successive steps in the same transaction’ but it is whether one crime necessarily involves another, as, for example, rape involves fornication, and robbery involves both assault and larceny. . . .” (Emphasis in original.)
¶17Appellant argues that, since he was convicted of a first-degree murder, it necessarily “involved” the robbery because there was no other evidence which would support a verdict of murder in the first degree. We disagree. All robberies are not murders; the two offenses do not merge. If only one of the verdicts were overturned, the other could still stand.
¶18Judgments of sentence affirmed.
¶19 The extent of that reliance is shown in the instant case where the Commonwealth had amassed an impressive case against appellant and his co-felons, including identification of the car and clothing, the items found in the car, and the confession of Loretta Johnson, the driver of the getaway car; did not need Mrs. Ticktin’s eyewitness testimony; and declined to hold full-fledged lineup because the appellant was in the hospital suffering from wounds received in his attempt to avoid capture, which wounds the Commonwealth suggests would have been unduly suggestive of his guilt.
¶20 Actually, in Goolidge, since the search was conducted before the GMmel decision, the court applied the standards of United States v. Rabinowitz, 339 U.S. 56 (1950), and held that to be considered “incident to the arrest,” the search must be confined to the “immediate vicinity of the arrest” which the Goolidge search was not 403 U.S. at 457.