Summary
In Edwards, the evidentiary use at trial of the defendant's inculpatory statement was asserted as error and in violation of the Futch rule because of the lapse of five hours between the time of arrest and the giving of the inculpatory statement.
Summary of this case from Commonwealth of Pa. v. ColeyOpinion
Argued November 21, 1974.
Decided October 3, 1975.
Appeal Nos. 517, 566 January Term, 1974, from the Judgment of Sentence of the Court of Common Pleas, Philadelphia County, Trial Division, Criminal Section, imposed on Indictments Nos. 568-569 March Sessions, 1973; Joseph C. Bruno, Judge.
Malcolm W. Berkowitz, Philadelphia, for appellant.
F. Emmett Fitzpatrick, Dist. Atty., Richard A. Sprague, 1st Asst. Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Division, Maxine J. Stotland, Asst. Dist. Atty., Mark Sendrow, Asst. Dist. Atty., Assistant Chief, Appeals Division, Abraham J. Gafni, Deputy Dist. Atty. for Law, for appellee.
Before JONES, C. J., and EAGEN, O'BRIEN, ROBERTS, NIX and MANDERINO, JJ.
OPINION OF THE COURT
Judgment of sentence affirmed.
POMEROY, J., did not participate in the consideration or decision of this case.