Concurring and Dissenting Opinion by
Mr. Justice Pomeroy:I concur in the reversal of the judgment of sentence on the murder conviction. I respectfully dissent, however, from the reversal of the judgment of sentence for possession of narcotic drugs because it is based upon a retrospective application of the exclusionary rule first announced in Commonwealth v. Futch, 447 Pa. 389, 290 A.2d 417 (1972). See the dissenting opinion of this writer in Commonwealth v. Johnson, 458 Pa. 425, 327 A.2d 618 (1974) and the opinions therein cited.
Mr. Justice Eagen joins in this dissenting opinion.