COM. EX REL. DERRY v. RUNDLE

Criminal law — Constitutional law — 6th and 14th Amendments — Lack of counsel — Police interrogation — Failure to warn accused — Rule of Escobedo v. Illinois — Retroactive effect.

1. While the request for the assistance of counsel by a suspect during an accusatory investigation is not a conclusive factor in determining the admissibility of a confession under the rule stated in Escobedo v. Illinois, 378 U.S. 478, such rule should not be applied retrospectively to convictions finally sustained prior to the announcement of the rule on June 22, 1964.

2. Commonwealth v. Negri, 419 Pa. 117, followed. [147]

Mr. Justice COHEN dissented.

OPINION PER CURIAM, September 29, 1965:

Petitioner challenges a 1948 conviction in reliance on the decision in Escobedo v. Illinois, 378 U.S. 478, 84 S. Ct. 1758 (1964). Having concluded today that the rule of that case is not to be given retrospective application, Commonwealth v. Negri, 419 Pa. 117, 213 A.2d 670 (1965), Negri is here controlling.

Order affirmed.

Mr. Justice COHEN dissents.