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COM. v. BENNETT

287 Pa.Super. 485 (1981)

430 A.2d 994

COMMONWEALTH of Pennsylvania, Appellant, v. Vernon BENNETT.

Superior Court of Pennsylvania.

Filed June 5, 1981.

Petition for Allowance of Appeal Granted January 12, 1982.

Attorney(s) appearing for the Case

Michele A. Goldfarb, Assistant District Attorney, Philadelphia, for Commonwealth, appellant.

Elaine DeMasse, Assistant Public Defender, Philadelphia, for appellee.

Before WICKERSHAM, HOFFMAN and VAN der VOORT, JJ.

HOFFMAN, Judge:

This case requires us to decide whether a statement obtained from an accused in violation of the six-hour rule of Commonwealth v. Davenport, 471 Pa. 278, 370 A.2d 301 (1977), and therefore inadmissible in the Commonwealth's case-in-chief, may be used to impeach the accused's trial testimony. We conclude that such a statement may be used for impeachment purposes.

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