Opinion
December 13, 1967.
March 20, 1968.
Criminal Law — Evidence — Admissions — Statements made to police officer without prior warning of right to remain silent or to have counsel — Circumstances — Situation not involving custodial interrogation.
Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, HOFFMAN, and SPAULDING, JJ.
Appeal, No. 720, Oct. T., 1967, from judgment of Court of Quarter Sessions of Lancaster County, Sept. T., 1966, No. 119, in case of Commonwealth of Pennsylvania v. Clark S. Arnold. Judgment affirmed.
Indictment charging defendant with racing on a highway. Before BROWN, J.
Verdict of guilty and judgment of sentence entered thereon. Defendant appealed.
Allen H. Smith, and Arnold, Bricker, Beyer Barnes, for appellant.
Clarence C. Newcomer, First Assistant District Attorney, and Wilson Bucher, District Attorney, for Commonwealth, appellee.
Commonwealth v. Barclay, 212 Pa. Super. 25, followed.
Submitted December 13, 1967.
This is a companion appeal to that in Commonwealth v. Barclay, 212 Pa. Super. 25, 240 A.2d 838. Clark S. Arnold was indicted for racing on the highway on Bill No. 119 September Sessions 1966. He was tried with David G. Barclay, convicted and sentenced. He contends on this appeal that his arrest was unlawful because it was made as the result of evidence improperly obtained from Barclay. We need not and do not decide the legal question thus presented. Since we have held in the companion appeal that Barclay's conversation with the police officer was properly admissible, Arnold's argument in the instant appeal cannot prevail.
Judgment affirmed.
HOFFMAN and SPAULDING, JJ., dissent.