(dissenting).
In the early afternoon of May 5, 1972, three men in their twenties held up a public bar in Philadelphia and shot and killed one of the patrons. Police investigation pointed to the appellant as one of the felons, and he was *540taken into custody before 5:00 that same afternoon. Others suspected of also having participated in the robbery were taken into custody at the same time and place.
When the group arrived at police headquarters, they were immediately told the reason for their arrests and of their constitutional rights including the right to remain silent. The appellant indicated he was aware of his rights, but was willing to answer questions notwithstanding. Between 5:30 p. m. and 10:00 p. m., the appellant was questioned by an investigating police detective about the robbery and killing, but he steadfastly denied any involvement in, or knowledge of, the crimes. The questioning was not continuous, but intermittent, totaling altogether about two hours.
In the meantime, the others who were taken into custody with the appellant were questioned in other rooms by other police officers. One of those questioned, an Andrew Shaw, admitted he had participated in the robbery and that he had done the shooting. He also named the others who were with him at the time and assisted in committing the robbery. The appellant was one of those named. When the appellant was told of Shaw’s implicating statement, he immediately changed his story and admitted having participated in the robbery. This occurred at 10:12 p. m. Thereafter, appellant rested and attempted to contact relatives by phone. Beginning about 4:30 a. m. the following morning, he repeated his admission of guilt, giving greater detail. This statement was recorded on a typewriter. At trial, evidence of appellant’s recorded statement and of his initial incriminating admissions were introduced into evidence against him. The jury found appellant guilty of murder in the second degree and other related crimes. A majority of this Court now reverse these convictions, and order a new trial. The majority say the police violated Rule 118 [now 130] of the Pennsylvania Rules of Criminal Procedure by detaining and questioning the appellant from *5415:30 p. m. until 10:12 p. m. without having him arraigned before a committing judicial officer and, since the incriminations were the product of that detention, evidentiary use thereof was reversible error. I cannot in good conscience be any part of such a ruling. I believe courts should studiously protect those accused of crime from overzealous and unfair police tactics. However, effective law enforcement requires that the police be allowed some reasonable period to ferret out the truth by questioning those who appear to be involved. Law abiding citizens have rights too, and the police should not be unreasonably shackled in the protection of these rights.
Please keep in mind appellant’s self-incriminations were not the result of any coercive tactics or circumstances. This is not even suggested. The one and only reason why these incriminations are ruled to be tainted and, hence, inadmissible is that the police detained and questioned the appellant for four hours and forty-two minutes without having him arraigned before a judicial officer.1 The complete unreasonableness of this position is self-evident.
But even assuming there was an “unnecessary delay” within the meaning of Rule 118, in order for use of this evidence to be proscribed at trial, it must have been the product of the “unnecessary delay” and the burden of establishing this nexus was upon the appellant. Commonwealth v. Goodwin, 460 Pa. 516, 333 A.2d 892 (1975). Not only was this “nexus” not established instantly, but the record irrefutably proves the contrary. The appellant did not come around to telling the truth because he was detained without arraignment for four hours and forty-two minutes. He did so because his co-defendant Shaw had let the “cat out of the bag”. The majority *542may cavalierly dismiss the significance here, of our decision in Commonwealth v. Fogan, 449 Pa. 552, 296 A.2d 755 (1972), but Fogan clearly rules this case. Saying Fogan is inapposite because the Futch issue was not there involved is to effectively remove the requirement that there be proof of a “nexus” between the incrimination and the “unnecessary delay”.
I dissent.
JONES, C. J., joins in this dissent.. The fact that the arraignment of the appellant did not occur for several hours after he incriminated himself is not relevant in determining if a violation of Rule 118 occurred. See Commonwealth v. Rowe, 459 Pa. 163, 327 A.2d 358 (1974). The crucial period is the time period between the arrest and the initial incrimination.