concurring.
Since the direct appeal in this case was decided prior to the decision in Commonwealth v. Rose, 457 Pa. 380, 321 A.2d 880 (1974), but subsequent to the decision in Commonwealth v. Winebrenner, 439 Pa. 73, 265 A.2d 108 (1970), I agree a new trial is warranted here. Cf. Commonwealth v. Lynch, 477 Pa. 390, 383 A.2d 1263 (1978).