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Concurring Opinion by
Mr. Justice Roberts : I readily join the opinion of the Court. And I agree with the concurring opinion of Mr. Justice Eagen to the extent that it asserts as a matter of state law, see Commonwealth v. Whiting, 439 Pa. 205, 266 A.2d 738, cert. denied, 400 U.S. 919, 91 S. Ct. 173 (1970); Pa. Const. Art. I, § 9, that in this Commonwealth arrest is the initial point of the accusatory criminal process. In the view of both the majority and Mr. Justice Ea-gen — a view that I share — an accused is entitled to counsel at any lineup conducted after arrest.
Mr. Justice Manderino joins in this concurring opinion.
Document Info
Docket Number: Appeal, 471
Judges: Jones, Eagen, O'Brien, Roberts, Pomeroy, Nix, Manderino
Filed Date: 5/22/1974
Precedential Status: Precedential
Modified Date: 10/19/2024