Opinion
Submitted May 24, 1965.
September 29, 1965.
Criminal law — Constitutional law — 6th and 14th Amendments — Lack of counsel — Police interrogation — Failure to warn accused — Rule of Escobedo v. Illinois — Retroactive effect.
1. While the request for the assistance of counsel by a suspect during an accusatory investigation is not a conclusive factor in determining the admissibility of a confession under the rule stated in Escobedo v. Illinois, 378 U.S. 478, such rule should not be applied retrospectively to convictions finally sustained prior to the announcement of the rule on June 22, 1964.
2. Commonwealth v. Negri, 419 Pa. 117, followed.
Mr. Justice COHEN dissented.
Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.
Appeal, No. 44, May T., 1965, from order of Court of Common Pleas of York County, May T., 1965, No. 26, in case of Commonwealth ex rel. Charlie Lawrence v. David N. Myers, Superintendent. Order affirmed.
Habeas corpus.
Petition dismissed, order by ATKINS, P. J. Relator appealed.
Charlie Lawrence, appellant, in propria persona.
Lewis H. Markowitz, Assistant District Attorney, and Daniel W. Shoemaker, District Attorney, for appellee.
Petitioner challenges his 1958 conviction in reliance on the decisions in Escobedo v. Illinois, 378 U.S. 478, 84 S. Ct. 1758 (1964), and Mallory v. United States, 354 U.S. 449, 77 S.Ct. 1356 (1957).
Having concluded in Commonwealth v. Negri, 419 Pa. 117, 213 A.2d 670 (1965), that the mandate of Escobedo is not to be given retrospective application, Negri is here controlling. We find no merit in petitioner's remaining contention. See Commonwealth ex rel. Sleighter v. Banmiller, 392 Pa. 133, 139 A.2d 918 (1958).
Cf. Culombe v. Connecticut, 367 U.S. 568, 81 S. Ct. 1860 (1961); Gallegos v. Nebraska, 342 U.S. 55, 72 S.Ct. 141 (1951).
Order affirmed.
Mr. Justice COHEN dissents.