*1 650 Appellant. Bennett, wealth v.
Common J.,C. Before Bell, 1966. November 22, Argued Bob- and O’Brien Eagen, Jones, Cohen, Musmanno, JJ. ERTS, him Donald F. and Copeland,
David with Kanner, appellant. for Feinberg, Stein and Kannef, District with Davis, Alan J. Attorney, Assistant. M. Assistant District Borden, him Robert Attorney, and District for Arlen Common- Specter, Attorney, appellee. wealth,
Opinion March 1967: 21, Per Curiam, affirmed. Judgment by Opinion, Eagen
Dissenting Mr. Justice : in September trial this case occurred in 1965. The a confession given objection, by Bennett the Over to. to be permitted introduced in was al police evidence, at the time it was admittedly, obtained he was though, of his to right remain forewarned silent. not This re of a new trial. See the grant Commonwealth quires v.
651 423 Pa. A. The Jefferson, (1967). 226 2d 765 541, fact that Bennett have been aware of his may rights *2 in this is not Miranda v. regard controlling. See, Arizona, 384 U.S. 86 S. Ct. 1625 436, 468-69, 1602, (1966).
I dissent.
Mr. Justice in joins Roberts this dissenting opinion.