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COMMONWEALTH v. MILLER

211 Pa.Super. 311 (1967)

Commonwealth v. Miller, Appellant.

Superior Court of Pennsylvania.

November 21, 1967.

Attorney(s) appearing for the Case

Leon W. Silverman, for appellant.

Welsh S. White, Assistant District Attorney, with him Alan J. Davis, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, HOFFMAN, and SPAULDING, JJ.

OPINION PER CURIAM, November 21, 1967:

Judgment of sentence affirmed.

DISSENTING OPINION BY HOFFMAN, J.:

The sole question raised in this appeal is whether unconstitutionally obtained statements, taken without proper Miranda warnings, can be used to impeach a defendant's testimony on cross-examination.

The defendant was charged and convicted of robbery. He admitted driving the get-away car for one

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