Dissenting Opinion
Jackson, J.I concur in that portion of the opinion holding it to be discretionary for the court to grant or deny the continuance.
I am in disagreement with the opinion on points there denominated 2 and 3 and here noted as A and B.
A — On the question Re Escobedo, the defendants were suspect from the moment of their apprehension by the police.
B — On the question of pre-commitment report I think defense counsel is correct. In my opinion the content of such *341report and the recommendations therein constituted extra judicial evidence free from cross examination and the opportunity for gossip, personal animosity and private gain to be employed against defendant.
Note. — Reported in 259 N. E. 2d 870.