Commonwealth v. Sanders

Dissenting Opinion by

Mr. Justice Pomeroy:

I respectfully dissent from the reversal of the judgment of sentence 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 *285writer in Commonwealth v. Johnson, 458 Pa. 425, 327 A.2d 618 (1974) and the opinions therein cited.

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