[Download] "Commonwealth v. Futch" by Supreme Court of Pennsylvania ~ eBook PDF Kindle ePub Free
eBook details
- Title: Commonwealth v. Futch
- Author : Supreme Court of Pennsylvania
- Release Date : January 20, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Criminal Procedure which prohibits "unnecessary delay" between arrest and the filing of a complaint and "preliminary arraignment" of a defendant. Defendant argues that as a result of the failure to comply with Rule 118, in-court identifications which he contends were based upon a lineup prior to being taken "before the proper issuing authority" were improperly admitted at trial. While agreeing with defendant that in-court identifications based on a lineup held in violation of the "unnecessary delay" provision of Rule 118 become inadmissible at trial, nevertheless we affirm appellants judgment of sentence. We reach this result because the record establishes that in-court identifications of defendant by several eyewitnesses were not based on the challenged lineup but rather had an independent origin.