Commonwealth v. Bennett, 227 A.2d 823

Dissenting Opinion

Dissenting Opinion, by

Mr. Justice Eagen :

The trial in this case occurred in September 1965. Over objection, a confession given by Bennett to. the police was permitted to be introduced in evidence, although, admittedly, at the time it was obtained he was not forewarned of his right to remain silent. This requires the grant of a new trial. See Commonwealth v. *651Jefferson, 423 Pa. 541, 226 A. 2d 765 (1967). The fact that Bennett may have been aware of his rights in this regard is not controlling. See, Miranda v. Arizona, 384 U.S. 436, 468-69, 86 S. Ct. 1602, 1625 (1966).

I dissent.

Mr. Justice Roberts joins in this dissenting opinion.

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Lead Opinion

Opinion

Per Curiam,

Judgment affirmed.

Case Details

Case Name: Commonwealth v. Bennett

Court Name: Supreme Court of Pennsylvania

Date Published: Mar 21, 1967

Citations: 227 A.2d 823; 424 Pa. 650; 1967 Pa. LEXIS 843; Appeals, 322, 332, 333 and 334

Docket Number: Appeals, 322, 332, 333 and 334

Court Abbreviation: Pa.