Commonwealth v. Showalter

Dissenting Opinion by

Mr. Justice Pomeroy:

I dissent from the Court’s retroactive application of the exclusionary rule first announced in Commonwealth v. Futch, 447 Pa. 389, 290 A.2d 417 (1972), to a confession made almost two years before Futch was decided. See the dissenting opinion of this writer, joined by Mr. Chief Justice Jones and Mr. Justice Eagen, in Commonwealth v. Johnson, 458 Pa. 425, 327 A.2d 618 (1974). and the opinions cited therein.

Mr. Chief Justice Jones and Mr. Justice Eagen join in this dissenting opinion.