Commonwealth v. Beam , 227 Pa. Super. 293 ( 1974 )

Concurring Opinion by

Spaeth, J.:

I agree with Part I of Judge Hoffmanns opinion. Although I agree with the conclusion of Part II, I do not think it necessary to base that conclusion on constitutional principles. The Pennsylvania Supreme Court in its recent Addendum Opinion to Campana stated: “This Court views our May 4, 1973 judgments in Campana as state law determinations pursuant to our supervisory powers.” 455 Pa. 622, 314 A. 2d 854 (1974). I take this to mean that the decision in Cam-pana is to be regarded as in effect an amendment to the Rules of Criminal Procedure, Pa. Const, art. Y, §10(a), §10(c), and so (in the absence of a statement to the contrary) prospective only.

Jacobs and Cercone, JJ., join in this opinion.