Commonwealth v. Riggs

348 A.2d 429, 465 Pa. 208, 1975 Pa. LEXIS 1121

Opinions

OPINION OF THE COURT

PER CURIAM.

Appellant was convicted of murder in the first degree, aggravated robbery and burglary stemming from the robbery and death by beating of one Isadore Selez on May 6, 1970. He was sentenced to life imprisonment on the murder charge and a concurrent 5 to 15 year term of imprisonment for aggravated robbery. Sentence was suspended on the burglary conviction.

At the time of the offense and his arrest appellant was 15 years of age. He made an oral confession to the police before being granted the benefit of counsel or parental or informed interest-adult guidance. A motion to suppress the statement was made pre-trial and was denied; the statement was admitted into evidence at trial. We held recently in Commonwealth v. McCutehen, 463 Pa. 90, 343 A.2d 669 (1975) that a waiver of Miranda rights obtained under such circumstances is involuntary. It follows that appellant’s convictions must be reversed.

Judgments of sentence reversed and new trial is ordered.

JONES, C. J., filed a concurring opinion. EAGEN, J., dissents. POMEROY, J., filed a dissenting opinion.