Com. v. Bennett
| Citation | 424 Pa. 650,227 A.2d 823 |
| Parties | COMMONWEALTH of Pennsylvania v. Edward BENNETT, Appellant. |
| Decision Date | 21 March 1967 |
| Court | United States State Supreme Court of Pennsylvania |
David Kanner, Kanner, Stein & Feinberg, Donald F. Copeland, Philadelphia, for appellant.
Alan J. Davis, Asst.Dist.Atty., Robert M. Borden, Asst.Dist.Atty., Alan J. Davis, Asst.Dist.Atty., Chief Appeals Division, Arlen Specter, Dist.Atty., Philadelphia, for appellee.
Before BELL, C.J., and MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.
Judgment affirmed.
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. Jefferson, 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. State of Arizona, 384 U.S. 436, 86 S.Ct. 1602, 1625, 16 L.Ed.2d 694 (1966).
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United States ex rel. Bennett v. Rundle
...The Supreme Court of Pennsylvania affirmed his conviction in a per curiam opinion, Eagen and Roberts, JJ., dissenting. Commonwealth v. Bennett, 424 Pa. 650, 227 A. 2d 823, cert. denied 389 U.S. 863, 88 S. Ct. 122, 19 L.Ed.2d 132 (1967). Since the claims now presented to us were made on dire......
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Com. v. Bennett
...On direct appeal, this Court affirmed the judgment of sentence by per curiam order with two Justices dissenting. 2 See Commonwealth v. Bennett, 424 Pa. 650, 227 A.2d 823, cert. denied, 389 U.S. 863, 88 S.Ct. 122, 19 L.Ed.2d 132 Appellant next sought a writ of habeas corpus in the United Sta......
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Com. v. Bennett
...of sentence in a per curiam order. (Mr. Justice Eagen filed a dissenting opinion joined by Mr. Justice Roberts. 1 ) Commonwealth v. Bennett, 424 Pa. 650, 227 A.2d 823 (1967); cert. denied, 389 U.S. 863, 88 S.Ct. 122, 19 L.Ed.2d 132 Appellant then sought a writ of habeas corpus in federal di......
- Commonwealth v. Bennett