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COMMONWEALTH v. BENNETT

424 Pa. 650 (1967)

Commonwealth v. Bennett, Appellant.

Supreme Court of Pennsylvania.

March 21, 1967.

Attorney(s) appearing for the Case

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

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

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

OPINION PER CURIAM, March 21, 1967:

Judgment affirmed.

DISSENTING OPINION BY MR. JUSTICE EAGEN:

The 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.

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