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Commonwealth ex rel. Lawrence, Appellant v. Myers.

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.

Mr. Justice COHEN dissented.

OPINION PER CURIAM, September 29, 1965:

Petitioner challenges his 1958 conviction in reliance on the decisions in Escobedo v. Illinois, 378 U.S. 478, 84 S. Ct. 1758 (1964), and Mallory v. United States, 354 U.S. 449, 77 S.Ct. 1356 (1957).

Having concluded in Commonwealth v. Negri, 419 Pa. 117, 213 A.2d 670 (1965), that the mandate of Escobedo is not to be given retrospective application, Negri is here controlling. We find no merit in petitioner's remaining contention. See Commonwealth ex rel. Sleighter v. Banmiller, 392 Pa. 133, 139 A.2d 918 (1958).

Cf. Culombe v. Connecticut, 367 U.S. 568, 81 S. Ct. 1860 (1961); Gallegos v. Nebraska, 342 U.S. 55, 72 S.Ct. 141 (1951).

Order affirmed.

Mr. Justice COHEN dissents.

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COM. EX REL. LAWRENCE v. MYERS
(Sep 29, 1965)