Opinion
March 19, 1968.
June 13, 1969.
Criminal Law — Counsel for defendant — Constitutional rights — Warning as to right to remain silent — Escobedo — Miranda — Applicability to retrial of defendant whose first trial commenced prior to filing dates of those decisions.
Commonwealth v. Savage, 214 Pa. Super. 460, Held controlling.
HANNUM, J., did not participate in the decision of this case.
Argued March 19, 1968.
Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and HANNUM, JJ.
Appeal, No. 1112, Oct. T., 1967, from judgment of Court of Oyer and Terminer of Lackawanna County, Feb. T., 1952, No. 15, in case of Commonwealth of Pennsylvania v. Ellsworth Sickler. Judgment affirmed.
Indictment charging defendant with burglary. Before HOBAN, P.J.
Verdict of guilty and judgment of sentence thereon. Defendant appealed.
James Scanlon, Jr., for appellant.
James E. O'Brien, First Assistant District Attorney, with him Joseph J. Cimino, District Attorney, for Commonwealth, appellee.
The instant case is a companion to Commonwealth v. Savage, 214 Pa. Super. 460, 257 A.2d 654 (1969). Appellant was retried for burglary on October 4, 1965, with codefendant Savage, and found guilty by a jury.
During the trial, oral admissions and a written confession made by appellant, while in police custody in 1952 and in violation of Escobedo v. Illinois, 378 U.S. 478 (1964), were introduced against appellant over appellant's objections. The primary question raised in this appeal is whether it was error for the lower court to admit the oral statements and written confession into evidence.
For the reasons stated in Commonwealth v. Savage, supra, we do not believe the lower court erred.
Judgment affirmed.
HANNUM, J., did not participate in the rendering of this decision.