Commonwealth v. Hughes

McDERMOTT, Justice,

concurring.

I generally concur with the Majority Opinion because there was not in fact even a violation under the six-hour rule of Commonwealth v. Davenport, 471 Pa. 278, 370 A.2d 301 (1977). Therefore, there was no need to go further and any analysis of the Davenport decision was unnecessary in this case. Whether Commonwealth v. Duncan, 514 Pa. 395, 525 A.2d 1177 (1987), in modifying Davenport, reiterates or revivifies the mechanical and discredited six-hour rule is not a question that needs decision here. On that question I have vigorously dissented and I remain in dissent on any interpretation of Davenport-Duncan that gives any new vogue to mechanical, per se application of a six-hour time limit. An involuntary confession can be extorted in five minutes or six hours. Time is important but not of the essence. It must be considered with other factors, but is not by mere passage determinative. See my *462Concurring Opinions in Commonwealth v. Duncan, 514 Pa. 395, 525 A.2d 1177 (1987); Commonwealth v. Keasley, 501 Pa. 461, 462 A.2d 216 (1983); Commonwealth v. Jenkins, 500 Pa. 144, 454 A.2d 1004 (1982); Commonwealth v. Bennett, 498 Pa. 656, 450 A.2d 970 (1982).

LARSEN and PAPADAKOS, JJ., join in this concurring opinion.